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Competition Disputes

Competition law is a complex but important area of law. The fines that can be levied by competition authorities can be extremely high and private litigation relating to infringements of competition law are becoming increasingly common.

We advise on a wide range of commercial disputes and regulatory investigations relating to EU and UK competition law. This includes advising on:

  • commercial disputes involving alleged infringements of Article 101 (prohibition on anti-competitive agreements) and Article 102 (abuse of a dominant position) of the Treaty on the Functioning of the EU, and the equivalent provisions under UK law
  • mergers and working with the CMA
  • ‘follow-on’ and ‘standalone’ damages actions in respect of infringement decisions
  • regulatory investigations by the Competition & Markets Authority and European Commission, including cartel investigations and investigations in relation to alleged anticompetitive agreements in distribution agreements and alleged resale price maintenance

 We are also able to attend dawn raids held by competition authorities. If you are subject to a dawn raid and need assistance, please contact one of the key contacts listed.

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Welcome to our July 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.

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The Supreme Court has considered an important question in relation to damages. In what circumstances can damages for breach of contract be assessed by reference to the sum the claimant could hypothetically have received, known as Wrotham Park damages, in return for releasing the defendant from the obligation he had failed to perform?

You’ve started – so you’ll finish

11 June 2018

Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention.

Supreme Court upholds requirement to record variations in writing

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Dispute Resolution Update - May 2018

24 May 2018

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Liquidator loses protection of a freezing order following serious failings at earlier ex parte hearing

14 May 2018

In Banca Turco Romana S.A. (in liquidation) v Cortuk and Others, the Commercial Court in London has underlined the need for applicants to give full and frank disclosure when seeking relief at ex parte (without notice) hearings.

Service of a Claim Form by email – get it wrong at your peril

27 March 2018

Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps.

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