Pleading competition damages claims and defences: recent guidance from the Court of Appeal and the Competition Appeal Tribunal

Abstract

The Court of Appeal and the Competition Appeal Tribunal have recently handed down guidance in NTN v. Stellantis and O’Higgins and Evans, as to the requirements that must be satisfied to plead a competition law claim or defence, whether the claim is an individual claim or a collective action. This article considers the economic and legal issues that need to be addressed in pleadings, in the light of that guidance. Both judgments make clear that economists must be consulted at the very earliest stage to ensure that the pleadings, whether a claim or defence, or in an individual claim or a collective action, reflect clearly the economic theories relied upon and do so by reference to underlying facts. If a pleading does not comply with this guidance, it risks being struck out.