In this issue: This issue, with the help of guest editor Ruchit Patel, we’re looking at what topics are creating a buzz in one competitive arena, namely the United Kingdom. Brian Kennelly looks at the question of forum-shopping that the Provimi decision raises, Renato Nazzini gives us a refresher on the issue of Private Action, […]

Brian Kennelly, May 28, 2010 This article examines the judgment of Aikens J in Provimi Ltd and ors v Aventis Animal Nutrition SA and ors, which opened the door to the stream (if not yet a flood) of non-U.K. claimants bringing competition law damages claims in this jurisdiction. Provimi found that a corporate entity (e.g. […]

Renato Nazzini, May 28, 2010 The United Kingdom has been at the forefront of developments of private enforcement of competition law. However, as I discussed in a previous article co-authored with Ali Nikpay,this jurisdiction has also often adopted a cautious approach to measures aimed at facilitating litigation in this field, for fear of fostering spurious […]

Andrea Lofaro, Jan Peter van der Veer, May 28, 2010 When assessing the damage incurred by customers of a cartel, it may (depending on the applicable legal framework) be relevant to consider the extent to which these downstream firms have passed on some or all of any price increase caused by the cartel to their […]

Ruchit Patel, Romano Subiotto, May 28, 2010 This paper examines the application of the deliberate concealment doctrine (as contained in the UK Limitation Act 1980) to damages claims based on alleged cartel activity (“cartel claims”) brought in the English High Court.  The nature and scope of the cartel claims that have been brought to date […]