This list deals with claims brought under Article 101 and Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), and also claims brought under the corresponding provisions of UK domestic law contained in Chapters I and II of Part 1 of the Competition Act 1998.
Article 101 (EU law claims) and Chapter I of Part 1 of the Competition Act 1998 (UK domestic law claims) prohibit agreements, concerted practices, or decisions by associations of undertakings whose object or effect is to prevent, restrict or distort competition.
Article 102 (EU law claims) and Chapter II of Part 1 of the Competition Act 1998 (UK domestic law claims) are aimed at preventing market abuse by undertakings who hold a dominant position in a relevant geographic and product market (eg by imposing unfair prices or unfair trading arrangements).
A claim may be for an injunction to restrain an alleged breach or threatened breach of the competition rules, and/or for damages resulting from such a breach. Proceedings frequently involve consideration of economic or technical issues on which expert evidence is called.
(Note: claims such as those identified above may also be brought in the Competition Appeal Tribunal, whose jurisdiction was expanded by the Consumer Rights Act 2015 to bring it largely into line with that of the High Court. However, by virtue of the 2015 Act the Competition Appeal Tribunal has the exclusive jurisdiction over certain proceedings for collective redress for infringement of the competition rules.)