Update on the Effectiveness of National Fora in Europe for the Practice of Antitrust Litigation

Abstract

The past year has seen contrasting decisions in the English and German courts regarding access to leniency materials, with the English courts proving to be a more claimant friendly forum in this regard. In the UK, the Government has proposed several reforms meant to improve private actions, including the introduction of an opt-out class action system. Almost 10 years since its inception, the UK's Competition Appeal Tribunal has issued a first damages award—an award including exemplary damages and paving the way for similar claims against defendants who have not been fined by competition authorities.