So far, 2018 has produced two significant judgments – Vattenfall and iiyama – concerning the requisite tests to be satisfied by claimants in order to withstand interlocutory challenges to the jurisdictional basis of claims in the Courts of England and Wales. In the light of these recent judgments, this chapter will explore the nuts and bolts as to how the tests of “autonomous” and “territorial” jurisdiction apply to claims for competition damages. Whilst these two forms of jurisdiction draw upon two different sets of harmonised rules at a European level, they provide alternative but complementary purposes for claimants in founding jurisdiction in the English Courts.
A Jurisdictional Toolkit for Claimants: Establishing Jurisdiction in England and Wales for Competition Follow-On Damages Claims Post-Vattenfall and Post-iiyama
In the latest edition of International Comparative Legal Guides Competition Litigation 2019 edition, Partner Scott Campbell and Associate Luke Grimes analyse the impact of the Vattenfall and Iiiyama judgments on jurisdiction and the benefits they provide to the claimant bar.