Company Group Liability and Extra-Territorial Jurisdiction: The Considerable Post-Brexit Obstacles to the UK as a Major Forum for Competition Law Damages Actions

Stirling, Grant

Abstract

Whereas the UK – and England in particular – has proved a popular forum for bringing damages actions in respect of breaches of EU competition law, this article considers how this situation is likely to be effected by the UK’s imminent departure from the ambit of EU law. It is submitted that significant obstacles can be envisaged to the continuation of English courts as a major forum in this area. Specifically, the obstacles envisaged comprise (i) the conceptualisation of company group liability under UK law as compared with EU law; (ii) the principle of forum non conveniens – existent under both English law and Scots law – but excluded from the Brussels I Regulation recast; and (iii) barriers to the exercise of extra-territorial subject-matter jurisdiction under UK, EU and public international law. In sum, it is argued that it is difficult to envisage much of a future for the UK as a forum for EU competition law damages actions.

Citation

Stirling, G. (2021). Company Group Liability and Extra-Territorial Jurisdiction: The Considerable Post-Brexit Obstacles to the UK as a Major Forum for Competition Law Damages Actions. Global Competition Litigation Review, 14(1), 27-35

• Journal Article Type: Article
• Acceptance Date: Dec 14, 2020
• Online Publication Date: Mar 2, 2021
• Publication Date: 2021-03
• Deposit Date: Apr 7, 2021
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 14
• Issue: 1
• Pages: 27-35
• Series ISSN: 1756-6002
• Keywords: Allocation of jurisdiction; Brexit; Competition law claims; Corporate liability; EU law; Forum non conveniens; Groups of companies; Private enforcement
• Public URL: https://hull-repository.worktribe.com/output/3749326