In this issue:
This issue, with the help of guest editor Ruchit Patel, we’re looking at what topics are creating a buzz in one competitive arena, namely the United Kingdom. Brian Kennelly looks at the question of forum-shopping that the Provimi decision raises, Renato Nazzini gives us a refresher on the issue of Private Action, Romano Subiotto and Ruchit Patel tackle direct concealment in cartel claims, and Jan Peter van der Veer & Andrea Lofaro look at how to calculate pass-on. Enjoy!
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Competition Discourse”the United Kingdom
Antitrust Forum-Shopping in England: Is Provimi Ltd v Aventis Correct?
Provimi was clearly a welcome decision for U.K. competition litigators. It may, however, be wrong. Brian Kennelly, Blackstone Chambers.
Private Litigation in England and Wales
There are two main features of the English system that are liable to constitute a significant obstacle to effective redress in competition cases: costs and the lack of a clearly established and effective procedure for collective claims. Renato Nazzini, University of Southampton.
Deliberate Concealment in Cartel Claims
One of the key questions in cartel claims is often whether that limitation period has been postponed due to deliberate concealment by the defendant of a fact relevant to the claimant’s action. Romano Subiotto QC and Ruchit Patel, Cleary Gottlieb.
Estimating Pass-On
The analysis of pass-on should, at least from an economic point of view, also consider the value of lost sales caused by any price increase. Jan Peter van der Veer & Andrea Lofaro, RBB Economics.
