Follow-on actions in the UK: litigating section 47A of the competition act 1998

Furse, M. (2013) Follow-on actions in the UK: litigating section 47A of the competition act 1998. European Competition Journal, 9(1), pp. 79-103. (doi:10.5235/17441056.9.1.79)

Furse, M. (2013) Follow-on actions in the UK: litigating section 47A of the competition act 1998. European Competition Journal, 9(1), pp. 79-103. (doi:10.5235/17441056.9.1.79)

Full text not currently available from Enlighten.

Abstract

The Government has announced its intention to reform aspects of the UK law relating to private actions in respect of competition law violations. In this article the law and practice arising under an earlier reform dating from 2002 is analysed. The article focuses on 'follow-on' actions initiated before the Competition Appeals Tribunal. While these were expected to simplify private enforcement, the record to date would suggest that this goal has not entirely been met. Two cases in which claimants were successful, both in respect of abuse of dominance infringements, have been counterbalanced by failures elsewhere. It is argued that while some clarity is emerging, litigating in respect of competition breaches remains complex, and that the floodgates are far from open.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Furse, Professor Mark
Authors: Furse, M.
College/School:College of Social Sciences > School of Law
Journal Name:European Competition Journal
ISSN:1744-1056
ISSN (Online):1757-8396

University Staff: Request a correction | Enlighten Editors: Update this record