Hitting the “Return” Key: Disgorgement in UK/EU Antitrust Laws

Expressly restitutionary remedies have yet to be ordered in a competition law case. Yet disgorgement is not an unfamiliar principle in the field. Excessive pricing and other abuses of dominance see undertakings compelled to return the profits of their wrongdoing. Similarly, administrative authorities explicitly consider disgorgement of gains as an element of their penalty calculations. Given the theoretical ‘fit’, do or should disgorgement remedies now have a role to play in private antitrus