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Competition Law

Analysis - debate - current awareness

24 MAY 2016

Interim Remedies: is it in the Public Interest for the Competition Appeal Tribunal to Dispense with Cross-undertakings as to Damages?

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

Online subscribers can access  the article here.

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