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Competition Litigation: UK Practice and Procedure

Competition Litigation: UK Practice and Procedure

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199573332
  • Published In: March 2010
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
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  • Reviews

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  • Co-authored by the barristers of Brick Court Chambers, an outstanding team of specialists in all aspects of EU and Competition litigation, who have been involved in many of the leading EU and UK Competition Law cases
  • A 'one-stop' reference point providing relevant and up-to-date guidance and advice to competition or litigation practitioners at all levels
  • Covers all aspects of case work including commencement of proceedings, jurisdiction, statements of case, disclosure, evidential issues, privilege and confidentiality, hearings, intervention, remedies, quantum issues, costs, appeals, arbitration, mediation and criminal proceedings
  • The first text to consider a number of important developments such as the prospect of criminal proceedings under competition legislation, the potential application of the Commission's White Paper on Damages Actions, and the impact of the wide-reaching competition provisions in the new 'Rome II' Regulation

This book is a comprehensive guide for practitioners covering all aspects of competition litigation in the UK. It draws on the vast combined experience in the field of the barristers at Brick Court Chambers, one of the two leading sets for competition law. It covers practice and procedure in the UK courts and Competition Appeal Tribunal in the recognised transactional style of court books. It offers unparalleled depth and quality of analysis of court procedure. All aspects of case work are covered, including commencement of proceedings, jurisdiction, statements of case, disclosure, evidential issues, privilege and confidentiality, hearings, intervention, remedies, quantum issues, costs, appeals, arbitration, mediation and criminal proceedings. It also considers a number of important developments such as the prospect of criminal proceedings under competition legislation (including the implications for individual prosecutions and extradition orders in light of Norris v Government of the United States of America & Ors [2008]), the potential application of the Commission's White Paper on Damages actions for breach of the EC antitrust rules (COM(2008)165 final), and the impact of the wide-reaching competition provisions in the new 'Rome II' Regulation (Regulation (EC) No 864/2007 of July 2007 on the law applicable to non-contractual obligations).

Readership: Practitioners (solicitors and barristers) in the UK specialising in contentious competition law; commercial litigators who need to understand the specific demands and peculiarities of competition litigation; corporate counsel; judges; regulatory authorities; practitioners outside the UK interested in the UK's lead in private competition litigation.

1. Introduction and Scope
2. Commencing Proceedings, Causes of Action and Locus
3. Limitation
4. Jurisdiction
5. Statements of Case, Summary Judgment and Strike Out
6. Disclosure
7. Confidentiality and Privilege
8. Evidence I: Previous Decisions, Res Judicata
9. Evidence II: Witness and Expert Evidence
10. Third Party Intervention
11. Interim Remedies
12. Hearings
13. Burden and Standard of Proof
14. Quantum
15. Final Orders
16. Costs and Funding
17. Appeals and References
18. Arbitration, ADR, and mediation
19. Criminal Proceedings

Edited by Mark Brealey QC, Brick Court Chambers, Nicholas Green QC, Brick Court Chambers, and Kyla George, Brick Court Chambers

Contributors: 

Nicholas Green QC
Mark Brealey QC
David Vaughan CBE QC
James Flynn QC
Charles Hollander QC
Helen Davies QC
Catherine Otton-Goulder QC
Neil Calver QC
David Anderson QC
Bill Wood QC

Colin West
Sarah Ford
Tony Willis
Marie Demetriou
Kelyn Bacon
Gerard Rothschild
Sarah Lee
Daniel Jowell
Victoria Wakefield
Stephen Midwinter
Fergus Randolph
Roger Masefield
Jasbir Dhillon
Sarah Abrams
Aidan Robertson
Sarah Love
Margaret Gray
Jemima Stratford
Andrew Henshaw
Mark Hoskins
Robert O'Donoghue
Maya Lester
David Scannell
Richard Blakely
Tony Singla

"A valuable handbook for competition practitioners who need to be familiar with the practice and procedure relevant to litigating competition issues in the United Kingdom today" - Bruce Lloyd and Ally Bridges, European Competition Law Review

"The Blue Book offers an impressive overview of proceedings before the CAT and High Court from start to finish. The Blue Bookhas been prepared by a stellar cast of barristers from Brick Court Chambers, many of whose familiarity with and appearances before both courts, contributes to its incisive analysis and granular detail...This review cannot do justice to the many important points of law and practical guidance that The Blue Book provides...the authors and the general editors have produced a book of very high quality, and have provided a weighty contribution to understanding all aspects of litigation in the CAT and High Court" - David Bailey, Competition Law

"...an eminently practical text that arrives at an opportune time when private enforcement of competition law claims before the courts and alternative dispute resolution fora is becoming increasingly important at both the national level as well as across the European Union more generally...This reviewer has no hesitation in recommending this book to anyone who practices UK competition law in whatever capacity with an interest in the litigious aspects of competition law more specifically. To be sure, it is essential reading for competition lawyers and will prove equally useful to barristers with a speciality in the field." - Gordon Blanke, Global Competition Litigation Review

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