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The changing landscape of UK cartel litigation

Peter Scott, Mark Simpson, James Flett, Norton Rose Fulbright Memorandum, October 2015

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The UK is the forum of choice for some of the largest damages claims arising from cartel conduct in Europe. This article describes how cartel litigation in the UK is currently in something of an interim phase, having moved past a first phase that was characterised by delays caused by procedural issues, but with a distinct new era around the corner with the implementation of the Consumer Rights Act which entered into force from 1 October 2015.1

This article highlights the key strategic decisions in bringing and defending claims by reference to four interrelated arenas: the regulator’s investigation; the likely appeal of any infringement decision to the EU’s courts; the High Court procedure; and the settlement process.

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