Milbank LLP’s London Litigation and Arbitration team has written the UK chapter for the 16th edition of The Private Competition Enforcement Review, published by The Law Reviews.
Julian Stait (Co-managing Partner of the London office and Head of the London Litigation and Arbitration team), William Charles (Partner), Cormac Alexander (Special Counsel), Emma Hogwood (Special Counsel) and Mark Padley (Associate) set out the legislative framework for private antitrust enforcement in the UK. The comprehensive chapter covers a range of considerations, from extraterritoriality and privileges, through to the various mechanisms for collective redress in England and Wales.
An extract from the chapter reads:
"Throughout 2022, the decisions of the European Commission (the Commission) continued to drive much of the private antitrust litigation in the English courts and the UK Competition Appeal Tribunal (CAT), a specialist competition court, despite European Union law no longer applying in the United Kingdom following the end of the Brexit transition period… In addition to Trucks and FX, a number of further class actions were certified by the CAT in 2022 and new applications for certification made, particularly against large tech companies, including Apple, Facebook/Meta, Google and Sony. These trends – which follow the Supreme Court's 2020 decision in the opt-out class action commenced by Walter Merricks against Mastercard in reliance on the 2014 CJEU decision referred to above – are expected to continue.
