TRW & Co’s London office at Holborn Gate, 330 High Holborn, WC1V 7QH advises international and UK-based clients on competition litigation and related regulatory risk in England and Wales. Antitrust litigation in this jurisdiction encompasses public enforcement actions, follow-on and stand-alone private damages claims, and injunctive relief arising from alleged cartel behaviour, abuse of dominance and anticompetitive agreements.

Overview of antitrust litigation in England and Wales

Enforcement is supported by the Competition and Markets Authority (CMA) and through civil courts including the Competition Appeal Tribunal (CAT) and the High Court. Remedies available to successful claimants include damages (compensatory and in some circumstances exemplary), injunctions and declarations. Proceedings can be technical and evidence-heavy: economic analysis, market definition, and disclosure of internal documents are commonly decisive.

Common claims and enforcement pathways

• Cartel allegations (price-fixing, bid-rigging, market allocation) — investigated by the CMA with potential criminal and civil consequences for undertakings and individuals in some cases.
• Abuse of dominance — claims for exclusionary conduct, predatory pricing, margin squeeze and refusals to supply.
• Follow-on damages claims — private litigation premised on findings by competition authorities or separate civil proof of infringement.
• Collective proceedings — opt-in or opt-out mechanisms for group claims, including claims under the Consumer Rights Act and group litigation orders.

Strategic considerations for claimants and defendants

Antitrust litigation requires coordinated procedural, factual and economic strategies. Key practical points include:

• Early assessment of jurisdiction and the appropriate forum: consider the CAT for competition-specific expertise and procedural rules that differ from the High Court.
• Document preservation and disclosure strategies: ordinals for disclosure are strict and failure to preserve documents can be fatal.
• Use of expert economic evidence: market definition, causation and quantum typically require independent economic analysis.
• Parallel regulatory processes: regulatory investigations can run alongside private litigation, and decisions by the CMA or overseas authorities may be pivotal.
• Settlement and ADR: mediated outcomes, settlements and cross-border coordination can limit exposure and manage reputational risk.

Practical checklist

• Confirm immediate document retention obligations and issue a litigation hold.
• Identify relevant commercial contracts, pricing data, meeting minutes and e‑communications.
• Map markets and customers to inform jurisdictional strategy and disclosure scope.
• Engage competition economics expertise early for market and quantum modelling.
• Consider parallel filings: leniency/cooperation with regulators versus defensive litigation positions.
• Assess insurance coverage and notification requirements for competition risk.

Jurisdiction and sources

Primary official sources and institutions for England and Wales include:

• Competition and Markets Authority (CMA)
• Competition Appeal Tribunal (CAT)
• Legislation.gov.uk (Enterprise Act 2002 and other statutes)
• GOV.UK: Department for Business and Trade
• European Commission — Competition (for cross‑border and EU-derived precedents where relevant)

TRW & Co’s London competition team can assist with strategy, litigation management, cross-border coordination and engagement with the CMA and other authorities. Early planning, careful evidence management and robust economic analysis are central to managing risk and presenting effective legal arguments.

General information only; not legal advice and not a substitute for advice on a particular matter.