• 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.
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