UK report: the effectiveness of judicial review of competition law enforcement

Preprint

This chapter provides a quantitative and qualitative analysis of the judicial review of EU and national competition law enforcement in the UK. It is based on a unique database of all competition law judicial review proceedings in the UK, rendered between May 2004 and 2021. This chapter first introduces the history of competition law in the UK, the development of the enforcement institutions and judicial review over the years, and the enforcement practice. Next, it offers rich quantitative and qualitative insights into the effectiveness and intensity of the review of the UK Competition Appeal Tribunal (CAT) and the Court of Appeal, including the total number of appeals, their success rates, the grounds of review, the courts' interventions in setting the fines, the types of competition law infringement that have been subject to review, and the role of third parties in competition law proceedings. The chapter also discusses the alignment of UK competition law with EU law and the possible effects of Brexit.

Authors: Brook, O; Rodger, BJ

• Publication status: Published
• Peer review status: Not peer reviewed
• Preprint server: SSRN
• Publication date: 2024-06-05
• DOI: 10.2139/ssrn.4855355
• Language: English
• Keywords: UK competition law; competition law; Competition Act 1998; judicial review; EU competition law