Whish, Richard --- "Article 102 TFEU in the UK: victims of abuse go directly to court" [2017] ELECD 446; in Parcu, L. Pier; Monti, Giorgio; Botta, Marco (eds), "Abuse of Dominance in EU Competition Law" (Edward Elgar Publishing, 2017) 52

Book Title: Abuse of Dominance in EU Competition Law

Editor(s): Parcu, L. Pier; Monti, Giorgio; Botta, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785367618

Section: Chapter 4

Section Title: Article 102 TFEU in the UK: victims of abuse go directly to court

Author(s): Whish, Richard

Number of pages: 16

Abstract/Description:

This chapter analyses the recent cases of standalone actions for breaches of Article 102 TFEU in the UK courts. During the past few years, the UK Competition and Market Authority (CMA, formerly the Office for Fair Trade) and the sectoral regulators have adopted few decisions finding an infringement of Article 102 TFEU or its UK equivalent. On three recent occasions (i.e. Purple Parking v Heathrow Airport, Arriva v Luton Airport and Dahabshiil v Barclays Bank) firms have gone straight to court claiming to be the victim of abusive behaviours, rather than submitting a complaint to the CMA/OFT. Thus, the chapter analyses the recent trend in the increase in the number of standalone actions for breaches of Article 102 TFEU in the UK. Keywords: private enforcement; standalone claims; UK Competition and Market Authority; courts of England and Wales