The onward rise of antitrust litigation

Antitrust damages litigation has grown considerably over recent years, especially in Europe. Caroline Thomas and Jens Steger discuss recent developments in the UK and Germany as part of our video series on antitrust and competition trends. 

This includes discussion of the first substantive judgment in a UK collective action, with the claim rejected in that case as the relevant conduct did not amount to an abuse of dominant position. Other UK developments discussed include the first collective action in which the proposed class representative has been rejected, and how classes are starting to see returns through settlements. The discussion on German developments includes recent case law substantially strengthening the position of claimants in respect of evidential requirements regarding whether there has been harm and the size of any harm.  Also discussed is the potential for litigation regarding the EU and UK digital regulatory regimes – the EU Digital Markets Act regime and the new UK regime for large tech firms designated with Strategic Market Status under the UK Digital Markets, Competition and Consumers Act 2024.