The Competition Law Alliance

24 Jun 2016

Collyer Bristow, a long established law firm whose main area of work is litigation, has formed the Competition Law Alliance to give claimants a one-stop shop to make damages claims against unlawful cartels.

Claims for breach of competition law can be of a very high value. Claims which follow on from a regulator’s decision of infringement can have extremely good prospects of success because the defendants’ liability is taken as proven.

However, claims are often costly to bring. It can therefore be desirable to obtain:

  • third party funding, where an investor pays the costs in return for a share of the damages; and
  • “after the event” (ATE) insurance against the risk of being ordered to pay the other parties’ costs.

Indeed, funding and ATE insurance are likely to be essential when acting for many claimants in a large group or collective action.

Collyer Bristow has founded the Competition Law Alliance to circumvent the problem faced by claimants, that funding and ATE insurance are only offered where there are sufficient prospects of a sizeable recovery.

The other members of the Alliance are:

  • A top five accountants' firm present in all leading business centres worldwide *
  • One of the top two UK competition barrister's chambers, with 40 specialist barristers *
  • London Economics; one of Europe's leading specialist economics consultancies
  • The Judge; third party funding and ATE brokers

The Alliance analyses a potential claim’s viability from legal, economic and forensic accounting perspectives and, where appropriate, drafts a proposal for The Judge to take to the litigation funding and ATE insurance markets.

For sufficiently meritorious cases, Collyer Bristow and the barristers’ chambers are prepared to act on a partial Conditional Fee Agreement (a “no win, low fee” basis) to reduce the funding commitment and thus assist the viability analysis.

The result is a no-risk, no-upfront-cost route to a potentially large damages claim. In return a part of the damages (agreed at the outset) is paid to those who have taken the risks.

Collyer Bristow

Head of Competition, Stephen Critchley acted for the claimant in the landmark case of Crehan v Inntrepreneur, which established that damages were payable for breach of competition law. Since then, his other cases include acting for T-Mobile and Cable & Wireless in competition damages claims.

London Economics

Head of Competition, Paula Ramada has worked in a number of high profile international cartel damages assessment cases including marine hoses, car glass, air cargo and elevators.

The Judge

The pre-eminent broker of third party funding and ATE insurance in the UK, The Judge is represented in the Alliance by its principal director, Matt Amey.

* For policy reasons, the accountants' firm and chambers names do not appear on this website.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional information