A small business that has suffered loss as a result of
a breach of competition law rules, but which can not afford the costs of litigation in the High Court, and the possibility of an adverse costs ruling against them if they lose, can shift that risk to the third - party litigation funder.
One of the critical obstacles identified for companies seeking to bring a claim for
breach of competition law rules was the unavailability of funding.
Not exact matches
His regulatory experience involves a wide range
of matters including anti-money laundering and anti-bribery controls, listings
rule breaches, conflicts
of interest, suitability
of investment advice, treatment
of customers, client asset
rules, market misconduct,
competition law and personal culpability
of individuals.
In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment
of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to
rule for the first time on whether seeking an injunction and other associated remedies by the owner
of a Standard Essential Patent (SEP) against a company in
breach of the patent (but one willing to become a licensee) can amount to an abuse
of a dominant position in
breach of EU
competition law (Article 102 TFEU).
Controversially, the Commission has even suggested a «double damages»
rule — not dissimilar to the treble damages awarded for
breaches of US
competition laws.
It published the Green Paper on Damages Action for
Breach of the EC Antitrust
Rules in December 2005 and more recently (April 2006) the OFT has also published a discussion document, Private Actions in
Competition Law: Effective Redress for Consumers and Business, on how to achieve the same aim in the UK.