Establishing Jurisdiction in England and Wales for Competition Follow-On Damages Claims

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2018 has produced two favorable judgments – Vattenfall and iiyama – concerning the requisite tests to be satisfied by claimants in the Courts of England in order to withstand interlocutory challenges to the jurisdictional basis of claims. In the light of these recent judgments, this article will explore how the tests of “autonomous” and “territorial” jurisdiction apply to claims for competition damages in England. These two different forms of jurisdiction provide alternative but complementary purposes for claimants in establishing jurisdiction in the English Courts.