February 2023

Private Antitrust Litigation in the UK and the US: Comparison and Strategic Considerations

A Practice Note comparing key elements of private competition and antitrust damages collective and class action litigation in the UK and US, and providing strategic considerations for managing parallel proceedings. The Note includes discussion of the procedures in the UK Competition Appeal Tribunal (CAT) and High Court, as well as US federal and state courts, and issues relating to class and collective actions, the use of experts, data transfers and confidentiality, limitation periods, litigation funding, damages (including pass-on defenses), and settlement.

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