CAT procedure for competition claims

The following Competition practice note provides comprehensive and up to date legal information covering:

  • CAT procedure for competition claims
  • Legal basis for a damages claim before CAT
  • Jurisdiction
  • Transferring cases between the CAT and the High Court
  • Limitation
  • Stages of a claim
  • Settlements
  • Fast-track procedure
  • Suitability for the fast track
  • Practical considerations
  • More...

CAT procedure for competition claims

The Competition Appeal Tribunal (CAT) is a specialist tribunal with the jurisdiction to hear competition damages actions, both stand-alone actions and follow-on actions (ie claims for damages which rely on a finding of infringement in a decision), and collective actions, both 'opt-in' and 'opt-out'.

Under section 15 of the Enterprise Act 2002, the CAT is required to make rules with respect to proceedings before it; the current rules are the Competition Appeal Tribunal Rules 2015 (the CAT Rules), supported by the CAT's guide to proceedings. While stated to be based on the general philosophy of the Civil Procedure Rules (CPR), the CAT Rules are distinct and the CPR do not apply, save where specifically adopted under the CAT Rules or in certain circumstances in which they have been applied in practice where no express provision is made under the CAT Rules.

A number of changes to the CAT's procedure for damages claims were introduced by the Consumer Rights Act 2015 (CRA 2015) and the 2015 CAT Rules, both of which came into force on 1 October 2015. The changes introduced include:

  1. widening the jurisdiction of the CAT to include stand-alone actions for claims arising on or after 1 October 2015 as well as follow-on actions

  2. changes to limitation, so that limitation periods for cases before the CAT for claims arising on

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