Our Antitrust Litigation Group has a wealth of expertise in advising claimants and defendants, both in litigation before national courts, the EU courts in Luxembourg, specialist competition tribunals, arbitral tribunals, in alternative dispute resolution proceedings and in connected procedures involving the European Commission and National Competition Authorities and Regulators.
Our expertise enables us to devise litigation strategies which take account of the issues presented by differences in procedures and practice across jurisdictions. We routinely advise and represent where there is litigation and agency enforcement action taking place at the same time in a number of jurisdictions around the world. Within the EU, we have experienced antitrust litigation teams in the main jurisdictions where antitrust cases are brought, ie Germany, the Netherlands and the UK.
Important developments include:
- the growing number of cartel damages claims
- use of competition arguments to secure commercial advantage in litigation
- rise of specialist competition tribunals
- criminalisation of cartels and extradition of executives
- increased availability of funding for cartel victims
- implementation of the EU Damages Directive, due by December 2016, to harmonise critical aspects of damages claims across the EU
- radical UK reforms to promote class actions, fast track procedures, collective settlements and redress schemes
- continued interest in facilitating private enforcement of competition law by the European
Commission and national authorities and courts
- importance of antitrust law in patent litigation concerning standard essential patents
- the increased availability of effective injunctive relief in case of competition law infringements.