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Academic Articles Awards > Private Enforcement

Private Antitrust Enforcement in England and Wales after the EU Damages Directives: Where are We Heading?

Sebastian Peyer, Chapter in: Pier Luigi Parcu, Giorgio Monti & Marco Botta: Private Enforcement of EU Competition Law: the Impact of the Damages Directive (Edward Elgar 2017), Forthcoming

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Readers’ vote will close on February 9, 2018. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 10, 2018.

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The framework for private antitrust actions in the England and Wales has undergone a number of changes in recent years. The Consumer Rights Act 2015 introduced measures to facilitate access to justice for victims of anticompetitive conduct. It created a fast track procedure in the Competition Appeal Tribunal and granted the Tribunal the powers to permit opt-out representative actions. More changes were brought on with the implementation of the EU Damages Directive in March 2017. In this chapter, I will take stock of those recent developments and offer an insight into the functioning of private enforcement of competition law in England and Wales. I will document key developments and issues regarding access to documents (disclosure), joint and several liability of co-infringers, and claim aggregation (opt-out representative actions). The recent legislative measures seem to pull private enforcement of competition law in different directions facilitating both small claims and large compensation actions. The Consumer Rights Act implemented a number of measures to encourage private litigation but the impact of the changes following the Damages Directive are not clear yet.

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