Private antitrust enforcement - improving injured parties' access to legal remedies

Abstract

Devising a mechanism, which enables judges to deal with numerous related claims arising out of the same competition law infringement, is central to improving access to legal remedies for multiple injured parties (consumers, small and large businesses) bringing private antitrust damages claims in England. The paper draws on an empirical study which was carried out in 2022. New quantitative and qualitative data was collected from law firms, litigation funders and legal practitioners. The newly collected data demonstrates how the current private antitrust enforcement regime is functioning. The collected data goes further to capture the factors affecting settlements which remain the most desirable and common outcome in competition law claims. The data analysis enables the author to identify the major legal aspects along with the main attributes of the claims which shape litigants’ strategies. Since the high litigation costs - which are fuelled by the existing uncertainty about the outcome - are major considerations, it is suggested that devising an effective and efficient case-management mechanism may be necessary for judges to be able to award appropriate legal remedies within reasonable time and at proportionate cost. Such a mechanism should foster settlements and further incentivise litigation funders to finance competition law claims.