Our Antitrust Litigation Group has a wealth of expertise in advising clients on bringing and defending their most significant actions, both at the EU and national level. We advise on cases heard by 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. We are experienced in advising on standalone, follow-on and "hybrid" claims. In particular, we regularly advise on complex questions of forum, choice of law and limitations, often using the flexibility of jurisdictional rules to best effect for our clients.
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 clients 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 based in various locations, including each of the main jurisdictions where antitrust cases are brought, ie Germany, the Netherlands and the UK.
- advising LG Electronics Inc in a €660m cartel damages claim in relation to cathode ray tubes, which included a major Court of Appeal hearing earlier this year
- acting for BP, as claimant, in two cases (against Visa and MasterCard) to recover overcharges imposed by credit card issuers
- advising RBS in the first major case stemming from allegations of the anti-competitive manipulation of EURIBOR
- shortlisted by GCR for “Litigation of the year - Cartel defence”, for our work for Nippon Electric Glass on the Iiyama LCD and CRT follow-on claims case.
Important developments include:
- the growing number of cartel damages claims
- the willingness of European courts to accept jurisdiction in cartel damages cases
- 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 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
- importance of antitrust law in patent litigation concerning standard essential patents
- the increased availability of effective injunctive relief in case of competition law infringements.