As well as negotiating numerous private resolutions, we are also pursuing some of the largest and most complex litigation before the European courts. We are also acting in many further matters which are not yet public. The Air Cargo and Interchange Fee claims that we are running are the two largest competition damages claims brought before the English courts.
Effective Resolution of Disputes
Whilst we are pursuing more cartel damages claims than any other firm in Europe, we also consistently deliver strategies that bring a successful resolution of the claims through settlement and commercial dialogue. Our experience and reputation in the market has meant that we are often able to resolve these claims through negotiations thereby avoiding the need for time-consuming and costly litigation. In the last 12 months alone, we have secured settlements for over 100 corporate claimants.
Our standing in Europe is reflected by the fact that our views on the private enforcement of competition law in Europe are regularly sought by the courts, competition authorities and peers.
Our proven track record and ability to deliver outcomes in the most difficult cases against well resourced and represented infringers, has resulted in some of the world’s largest and best known companies regularly turning to us to represent them in the pursuit of cartel damages claims. They trust us to understand their business, the commercial issues and their strategic objectives.
Understanding the Defence
Through all the cases we have brought in Europe, we have established a very good understanding of how those firms who traditionally act for Defendants operate and the tactics they deploy. In addition, we have have a deep understanding of the legal and strategic consideration of issues from that perspective, as well as how the defendants react to cartel damages claims. We have also established strong working relationships with most of the major defence firms that has led to respect for the way in which we represent our clients.
We are Innovative and Push the Boundaries
We take on and succeed in claims that are at the cutting edge, raising complex and novel issues in respect of jurisdiction, applicable law, quantification of damages and contribution liability. We are innovative in the way we pursue claims, the legal issues we run and how we go about resolving claims without the need for litigation or protracted litigation. This is most evident in the way we secured the first known private resolution of a company’s global liability without arbitration, mediation or litigation in the marine hose cartel.
Review of Investigations and Decisions by the European Commission
The European Commission ("EC") has been extremely active on its pursuit of cartels during the last 10 years. Between 2010 and July 2019, the EC issued 56 decisions imposing fines totalling €16.2 billion in relation to cartel infringements under Article 101 TFEU across a wide range of sectors, with further claims under investigation.