Brexit And Its Impact On English Antitrust Claims

By Kenny Henderson –

In Theresa May’s memorable words, “Brexit means Brexit.” But what does this mean for England’s status as a favored jurisdiction for antitrust damages claims? The impact of Brexit on antitrust litigation in England will be influenced by the form of Brexit that the UK eventually adopts. Post hard Brexit, the cause of action for breach of Articles 101 and 102 TFEU may become unavailable, leaving claimants to file under the domestic analogues of Chapters I and II Competition Act 1998. This may narrow the territorial scope for such claims. These changes notwithstanding, even a hard Brexit will not remove many of the features that make England an attractive jurisdiction to claimants. In fact, England could become more attractive in some ways.