CAT procedure for competition claims
CAT procedure for competition claims

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

  • CAT procedure for competition claims
  • Legal basis for a damages claim before CAT
  • Stages of a claim
  • Disclosure
  • Remedies
  • Collective actions
  • Appeals

BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The effect of Brexit on UK competition law in a deal or no deal scenario.

STOP PRESS: the impact of the Court of Appeal’s judgment in Walter Merricks v Mastercard is also being considered.

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