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It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts

Stirling, Grant

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Abstract

• Damages actions brought in UK courts under either EU or UK competition law generally invoke breach of statutory duty as the cause of action. • Attempts have been made by claimants in recent years, however, to use the economic torts of conspiracy by unlawful means and unlawful interference as alternative causes of action. • While theoretically these torts are – in certain cases – valid causes of action for competition law damages actions, in practice they are more difficult to invoke than breach of statutory duty. • Ultimately, for policy reasons, it is unlikely that such torts will be allowed to constitute valid causes of action in competition cases where an action for breach of statutory duty is not available.

Journal Article Type Article
Publication Date Apr 1, 2017
Journal Journal of European competition law and practice
Print ISSN 2041-7764
Electronic ISSN 2041-7772
Publisher Oxford University Press (OUP)
Peer Reviewed Peer Reviewed
Volume 8
Issue 4
Pages 233-241
Institution Citation Stirling, G. (2017). It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts. Journal of European Competition Law and Practice, 8(4), 233-241. https://doi.org/10.1093/jeclap/lpw085
DOI https://doi.org/10.1093/jeclap/lpw085
Keywords Competition law damages actions
Publisher URL http://jeclap.oxfordjournals.org/content/early/2016/10/30/jeclap.lpw085.full
Additional Information This is a description of an article published in: Journal of European competition law and practice, 2017, v.8, issue 4

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