ABSTRACT
Chapter 3 addresses private enforcement and notes that the advanced state of private antitrust litigation in the US is based on a number of important institutional mechanisms which facilitate private damages claims. Steps have been taken in the Member States in the EU to encourage parties to sue in respect of competition law infringements. While progress has been slow, there is evidence of an increase in litigation across the EU. The European Commission introduced a Commission Recommendation on Collective Redress and the Antitrust Damages Directive was adopted. The Competition Act 1998 marked the start of the transformation in the UK beginning the facilitation of private enforcement. There has been a considerable increase in competition litigation, and a greater number of law firms and practitioners are involved in the practice of competition law. The role of the CAT has been enhanced and the collective redress scheme introduced by the Consumer Rights Act 2015 should help to facilitate effective consumer redress, alongside a range of other features which help a claimant friendly environment in the UK. The chapter concludes by noting that the full implications of the UK withdrawal from the EU on international competition litigation in the UK courts are as yet uncertain.
