The International Handbook on Private Enforcement of Competition Law

The International Handbook on Private Enforcement of Competition Law

Elgar original reference

Edited by Albert A. Foer and Jonathan W. Cuneo

With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of-the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies.

Chapter 16: England and Wales

Vincent Smith, Anthony Maton and Scott Campbell

Subjects: law - academic, competition and antitrust law, law -professional, competition and antitrust law


Vincent Smith,1 Anthony Maton2 and Scott Campbell3 Introduction In the past two to three years in England and Wales significant strides have been taken towards the formation of a nascent claimant’s bar. This progress is attributable to a number of important common law, regulatory, ethical and commercial developments which have made it increasingly practical for both: (a) claimants (individual consumers and businesses) to seek compensation for the losses they have sustained as a result of anti-competitive practices; and (b) lawyers seeking to specialize in holding participants in anti-competitive practices to account to practice. Within this context, a number of the major developments in England and Wales are set out below. 1. a. How does a damages action get started? Meeting clients and ethical restrictions Overarching duties In England and Wales, a solicitor’s conduct is governed by the Solicitors’ Code of Conduct 2007 (‘Code of Conduct’). Rule 1 of the Code of Conduct prescribes a core set of duties that a solicitor will be subject to in all circumstances. These duties include a duty to uphold the rule of law and the administration of justice, to act 1 Vincent Smith is a former Partner with Hausfeld & Co LLP in London focusing on UK and European claimant and complainant competition matters. He joined the firm from the Office of Fair Trading (‘OFT’) where he was Senior Director for Competition and Director of its Competition Enforcement Division from 2003. He led the OFT’s 180-strong competition function, having overall responsibility for its work...

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