Antitrust Law Daily Wrap Up, ANTITRUST NEWS: U.K. competition authority releases new guide on redress for competition law breaches, (May 4, 2016)

By Linda O’Brien, J.D., LL.M.

The U.K. Competition and Markets Authority (CMA) released guidance setting forth the redress options available to victims of competition law breaches, the agency has announced.

The guidance, titled “Competition law redress: A guide to taking action for breaches of competition law,” reflects changes in the law as a result of the Consumer Rights Act, which make it easier for individuals and businesses to seek redress for breaches of competition law.

The changes include:

• Allowing the Competition Appeal Tribunal to hear standalone competition claims where previously it could only hear cases where there was an existing infringement decision. There is also a new fast-track procedure to enable simpler cases brought by small businesses to be resolved more quickly at a lower cost.

• Enhancing collective actions and settlements, including opt-out actions with safeguards allowing meritorious collective claims to be brought more easily.

• Introducing a new power enabling the CMA or a sector regulator to approve voluntary redress schemes. This is intended to provide compensation for those who have suffered loss as a result of competition law infringements without having to go to court.

Additionally, the guide acknowledges a European Directive that is due to be implemented in the U.K. later this year. The directive is intended to make it easier to claim compensation when there has been a breach of European competition law.

“It is important that those who suffer harm from breaches of competition law are able to obtain effective redress,” said Roland Green, CMA Senior Director with responsibility for Policy. “We hope this guide will help consumers and businesses understand how to do so.”

News: Antitrust