Full Description
An indispensable work for competition lawyers in the UK, this book provides a comprehensive guide to all aspects of competition litigation, drawing on the wealth of combined experience of barristers. It covers both practice and procedure in the UK courts as well as the Competition Appeal Tribunal. All aspects of case work are covered from commencement of proceedings to remedies, quantum issues, costs, arbitration, mediation and criminal proceedings giving competition lawyers a full analysis of the litigation process.
Fully updated in its second edition, coverage is updated to reflect the coming into force of the Treaty of Rome and the Treaty of Lisbon. Updates include coverage of a range of important new case law. Discussion is given of the AkzoNobel case denying privilege for in-house counsel communications; Emerald Supplies Ltd & Anor v British Airways Plc providing further guidance on representative actions in English courts; Cooper Tire & Rubber Company Europe Ltd and Others v Dow Deutschland Inc and Others setting out the jurisdiction of English courts in damages claims; and consideration in the BCL case of time limits under section 47A claims. Other cases considered include BAA v Competiton Commission and R v George & Others. The updated work also considers the increasing move towards electronic disclosure.
Contents
1. Commencing Proceedings ; 2. Parties and Group Litigation ; 3. Third Party Intervention ; 4. Limitation and Time Periods ; 5. Jurisdiction ; 6. Applicable Law: Rome II ; 7. Strike Out, Rejection, and Summary Judgement ; 8. Interim Remedies ; 9. Disclosure and Access to Documents ; 10. Privilege ; 11. Effect of Previous Decisions ; 12. Factual Evidence ; 13. Expert Evidence ; 14. Burden and Standard of Proof ; 15. Hearings ; 16. Monetary Compensation ; 17. Quantification of Damage ; 18. Final Orders ; 19. Funding and Costs ; 20. Appeals to the Court of Appeal ; 21. References ; 22. Alternative Dispute Resolution ; 23. Arbitration ; 24. Criminal Proceedings
