How Antitrust Damages Claims Really Play Out In England

Law360, New York (July 7, 2014, 10:20 AM EDT) -- The legal landscape for private antitrust damages claims has been widely discussed in recent years, not least in the context of proposed legislative reform at both U.K. and European level to facilitate such actions. The debate in England has been particularly interesting as no follow-on damages action has yet reached full trial and judgment before the High Court, as all cases brought have been settled. The closest we have come is the recent Cooper Tire case, which was the first follow-on damages action to reach trial in England, albeit that the parties settled out of court two weeks into trial. While Cooper Tire does not therefore give the much hoped for legal answers to how the English court will handle such cases, it does provide insight into where the real battleground lies and the approaches taken to key issues by both claimants and defendants....

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