What to think about before bringing a private competition action—checklist

Produced in partnership with Richard Pike of Fieldfisher

Checklists

What to think about before bringing a private competition action—checklist

Produced in partnership with Richard Pike of Fieldfisher

Checklists

Is there an actionable claim?

Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation.

Possible causes of action

•
Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period).
1. ◦
  Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements).
2. ◦
  Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance).
•
Consider if there is an infringement of other national

Richard Pike

Partner, Fieldfisher

Richard is a Partner at Fieldfisher, specialising in antitrust litigation. He has acted for defendants but is usually instructed by claimants, both in standalone and follow-on actions relating to cartels and other forms of competition infringement in the UK and EU. He acts for individual clients and for large groups (whether through the collective action regime or otherwise).

As a litigator, he has many years of experience in the Competition Appeal Tribunal as well as in the High Court. His notable cases include the successful defence of Shell in OFT infringement proceedings brought in relation to tobacco retailing as well as a series of cases for Hutchison. His competition damages experience includes acting for defendants in claims based on the paraffin wax and refrigeration compressors cartels. He has also had some involvement with class actions in the United States, where he studied and was seconded for a year, and in Europe.

Jurisdiction(s):

United Kingdom

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