Competition Litigation

What is involved?

When companies breach competition law, this can harm their customers, suppliers and competitors. Those harmed often go to court to seek payment of ‘damages’, using private litigation to obtain financial compensation for the losses the infringing companies’ actions have caused them to suffer.

We act for both claimants and defendants (and their directors) in relation to competition litigation claims, including damages actions for breaches of competition law. We can pursue and defend damages claims in the courts and specialist tribunals, including the Competition Appeal Tribunal.

Securing expert competition litigation advice – and funding for a claim – is crucial. The litigation landscape has evolved and recent legal reforms have made it even easier to bring claims for breaches of competition law, including facilitating collective proceedings (‘class actions’). The introduction of an ‘opt-out’ class action has led to a real growth in collective redress.

We can also help clients challenge decisions by regulatory authorities and advise clients on competition issues arising in the context of broader commercial disputes.

Why choose Freeths?

We help clients reach a successful resolution of competition and broader commercial disputes, whether in court or via settlement.

Freeths has extensive expertise in contentious competition issues and also group litigation, acting in fora such as the High Court and Competition Appeal Tribunal on all aspects of competition litigation, for both claimants and defendants. We act in relation to cartel damages claims, as well as claims regarding abuse of a dominant position.

We have strong links with major litigation funders and are experienced in establishing tailored funding solutions for our clients, including enabling clients to bring claims on a ‘no win no fee’ basis.

Our cross-disciplinary competition litigation practice is ideally placed to advise clients on this evolving area by bringing together experienced lawyers from our award-winning Dispute Management and Competition teams and combining significant know-how and expertise from both practices.

Our clients consistently turn – and return – to us for support on their most complex and ‘high stakes’ competition and broader commercial disputes.

Recent Experience

• Advising UK companies on substantial follow-on actions against Visa and Mastercard relating to anti-competitive conduct associated with credit/debit card multilateral interchange fees
• Advising organisations on substantial follow-on damages actions against international truck manufacturers arising out of EU cartel infringement findings
• Advising businesses in respect of CMA investigations into alleged cartel activity in a number of sectors, including galvanised steel tanks, musical instruments and construction
• Advising companies on the deployment of competition law claims in the context of wider commercial disputes between contracting parties