Follow-on Actions in the UK: Litigating Section 47A of the Competition Act 1998

"On 29 January 2013 the UK government published its response to a consultation exercise re-examining private actions in competition law. In undertaking such an exercise there is an implicit recognition that the regime as at present constructed results in under-deterrence, although this is not quite the language used in the initial consultation document, in which it is stated that “businesses view the present approach to private actions as one of the least effective aspects of the UK competition regime. As it currently stands, challenging anti-competitive behaviour is costly and complex, well beyond the resources of many businesses.”"