Let’s Talk About Consumers: Competition Law Compensation for Indirect Purchasers’ Losses- A United Kingdom PerspectiveClick here to read the full article online
This Article will assess and reflect on the availability of competition law damages for indirect purchasers in the UK, considering the statutory and legal context including the relevant provisions of the EU Antitrust Damages Directive as implemented in the UK. Accordingly, this article will look at competition law private enforcement for indirect purchasers from a UK perspective, focusing on the rights of consumers qua indirect purchasers. The article is set out in the following 4 parts. Part 1 looks at the institutions, rules and processes, ie the private enforcement architecture for indirect purchaser claims generally and consumer claims specifically at both the EU and UK levels. Part 2 considers the case-law developments in the UK courts exploring the issues of damages, standing and collectivised consumer competition law claims. Part 3 reflects on the contrasting rationale and aims of private enforcement generally and those rules on indirect purchaser standing specifically in the US and EU (and UK) considering the primacy of the respective arguments based on deterrence and compensation. Part 4 concludes by comparing and contrasting the approaches to indirect purchaser claims in the UK and the US and the impact on access to justice for consumers as indirect purchasers.