The recent rulings in NTN v. Stellantis and O'Higgins and Evans by the Court of Appeal and the Competition Appeal Tribunal provide guidance on the necessary requirements for pleading competition law claims and defenses, whether they are individual or collective actions.
The judgments emphasise the importance of consulting economists at an early stage to ensure that the pleadings accurately reflect the economic theories relied upon, supported by underlying facts. Failure to comply with this guidance may result in a pleading being struck out.
Mat Hughes, Partner & Managing Director, AlixPartners, and Elaine Whiteford, Partner, Willkie Farr & Gallagher, contribute to Competition Law Journal, analysing the economic and legal issues that should be addressed in pleadings, taking into account this guidance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.