A recent article in CDR Magazine reflects on the United States Federal Trade Commission’s (FTC) recent successes relating to its enforcement activity. In the article, Kenny Henderson comments on the impact of these decisions on UK follow-on actions.
“Giving a perspective on what, if any, impact the FTC’s actions could have on follow-on litigation in the United Kingdom, Kenny Henderson, co-head of Stewarts’ antitrust and competition practice in London, says it is tricky for to identify specific cartel infringement decisions that could lead to follow-on claims in Europe, in the most part because the UK and Europe predominantly follow European Commission decisions, rather than the FTC’s.”
The article continues:
“While the US has favoured high-value redress schemes for a range of infringements, including the non-antitrust actions against VW and Western Union, to compensate the victims of wrongdoing, Henderson explains that, for the most part, ‘European regulators do not compensate the victims of antitrust infringements. Rather, for such victims to recover losses they will ordinarily need to take proactive steps either by demanding compensation or by issuing proceedings in follow on claims’.”
Kenny also discusses the international nature of competition work and cartel conduct: “Cooperation between international regulators is essential to deter these behaviours. To recover full compensation, multinationals increasingly need to consider claiming in more than one jurisdiction.”
To read the full article, please click here.
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