Claimants and actionable claims

Breaches of UK or European Competition Law, or both, will give rise to claims for damages (or other types of relief) in English courts.1 Thus, any party who has suffered a loss as a result of an infringement of the following provisions has an actionable claim for damages in either the Chancery Division of the High Court or before the Competition Appeal Tribunal (CAT):

• articles 81 and 82 of the EC Treaty: article 81(1) prohibits parties from entering into anti-competitive agreements which have an appreciable effect on trade between member states. Article 82 prohibits parties from conduct which amounts to an abuse of a dominant position, and which has an appreciable effect on trade between member states.
• The chapter I and II prohibitions in the Competition Act 1998 (Competition Act): these provisions largely reflect the prohibitions contained in articles 81 and 82 of the EC Treaty, but are applicable to where trade within England and Wales rather than trade between EU member states is being affected.

Parties who may bring damages claims before the courts include direct, indirect and potential purchasers, in addition to competitors and suppliers. Thus, direct and indirect purchasers may share the financial injury stemming from the overcharge from the cartel.