Private competition claims: pre-action strategy and checklist for standalone and follow-on cases, covering liability, jurisdiction, limitation, evidence and quantification, remedies, collective proceedings, costs and funding

Published by a LexisNexis Competition expert

Checklists

Is there an actionable claim?

Note: private competition claims are predominantly governed by national law, and procedural as well as substantive rules differ markedly across the EU; accordingly, when planning competition litigation, assessments will need to be made for each individual jurisdiction.

Possible causes of action

Assess whether UK competition law has been breached (or EU competition law where the period predates the end of the Brexit transition period).
- Determine if the loss arises from an agreement or concerted practice between undertakings, particularly between competitors (see further, The prohibition on restrictive agreements).
- Evaluate whether an undertaking that is arguably dominant—typically indicated by a substantial share of a relevant market—caused the loss through abusive conduct contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if before the end of the Brexit transition period) (see further, The prohibition on abuse of dominance).
Consider whether other national or foreign competition laws have been infringed.
- Review the laws of every jurisdiction in which the loss was suffered and where the prospective defendant(s) are based...

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Richard Pike

Fieldfisher

Richard is a Partner at Fieldfisher, specialising in antitrust litigation. He has acted for defendants but is usually instructed by claimants, both in standalone and follow-on actions relating to cartels and other forms of competition infringement in the UK and EU. He acts for individual clients and for large groups (whether through the collective action regime or otherwise). As a litigator, he has many years of experience in the Competition Appeal Tribunal as well as in the High Court. His notable cases include the successful defence of Shell in OFT infringement proceedings brought in relation to tobacco retailing as well as a series of cases for Hutchison. His competition damages experience includes acting for defendants in claims based on the paraffin wax and refrigeration compressors cartels. He has also had some involvement with class actions in the United States, where he studied and was...

Web page updated on 20/05/2026

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