Interim Remedies: is it in the Public Interest for the Competition Appeal Tribunal to Dispense with Cross-undertakings as to Damages?
By Jonathan Tickner, Jason Woodland and Emma Ruane
On 1 October 2015 the Competition Appeal Tribunal (CAT) obtained the power to grant injunctive relief (including interim injunctions) in competition cases, and to dispense with cross-undertakings as to damages when granting interim relief in claims subject to the new ‘fast-track’ procedure.This article considers the CAT's new powers, its guidance on the issue and the existing High Court case-law on cross-undertakings, and assesses the principles which should be applied by the CAT when determining whether to require across-undertaking in damages.
The full version of this article appears in the 2016 issue 1 of Competition Law Journal.
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