UK private competition actions

Companies or individuals who have suffered loss as a result of a breach (or alleged breach) of competition law may be able bring an action for damages in the UK against the party (or parties) that engaged in the anti-competitive behaviour.

Damages actions can either be 'stand-alone' (where there is no infringement decision by a competition authority) or 'follow-on' (relying on an infringement decision issued by a competition authority).

For detail on the UK damages regime, see UK damages actions.

In addition, the Competition and Markets Authority (CMA) and sectoral regulators with concurrent competition powers can approve voluntary redress schemes, under which an undertaking that has breached competition law can voluntarily compensate any party that has suffered loss through the anti-competitive behaviour. Whilst the approval of a redress scheme does not of itself prevent a potential claimant from bringing a private action, the rules of a scheme can restrict potential claimants who accept redress under the scheme from bringing a damages claim with respect to that loss. See further, CMA behavioural investigation process — Redress schemes.

NOTE—for a summary of the impact of Brexit on