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BOOK REVIEW

COMPETITION LITIGATION
UK Practice and Procedure
Second Edition

General Editors: Mark Brealey QC and Kyla George

ISBN:978 0 19966 507 5

OXFORD UNIVERSITY PRESS

www.oup.com

“TEN YEARS IS A LONG TIME IN COMPETITION LAW” WRITES MARK BREALEY QC-
SO WE WELCOME THE NEW SECOND EDITION OF “COMPETITION LITIGATION” A DECADE ON AS WE PREPARE FOR BREXIT

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

We welcome this new second edition of “Competition Litigation” by Mark Brealey QC and Kyla George, published at the end of 2019 by Oxford University Press. As Brealey wryly comments, “updating a legal textbook is akin to painting the Forth Bridge”, and “delaying publication of the book to await Brexit is akin to a never-ending story”. Ominously, Brealey concludes his preface with these remarks: “what changes are ever made to competition litigation as a result of Brexit and the second referendum will have to be examined in the third edition of this work”.

Well, politics changed in December 2019 with the election of the Johnson government mandated to leave the European Union which will take place at the end of January 2020, with final departure at the end of the year. Therefore, we may see a new edition post-Brexit once the new landscape becomes firm.

Meanwhile, what do we get with the second edition, ten years after its first appearance in March 2010? Most of the chapters have been completely re-written in the light of legislative changes and the substantial body of competition cases heard in the last decade. The editors and 41 contributors have included specific chapters on disclosure and on damages. Also included are new chapters devoted to the legal systems of Scotland and Northern Ireland.

The contributors provide us with a comprehensive guide to all aspects of competition litigation in the UK, drawing on the wealth of combined experience of barristers at Brick Court Chambers and Monckton Chambers.
The work covers both practice and procedure in the UK courts as well as the Competition Appeal Tribunal (CAT). All aspects of case work are reviewed from commencement of proceedings to remedies, quantum issues, costs, arbitration, mediation and criminal proceedings giving competition lawyers a full analysis of the litigation process.
We welcome the full revision in the second edition. The authors have updated the coverage to reflect the coming into force of the Treaty of Rome and the Treaty of Lisbon.

The updates discuss a range of important new case law including these specific cases which will be of interest to practitioners: the AkzoNobel case denying privilege for in-house counsel communications; Emerald Supplies Ltd & Anor v British Airways Plc providing further guidance on representative actions in English courts; Cooper Tire & Rubber Company Europe Ltd and Others v Dow Deutschland Inc and Others setting out the jurisdiction of English courts in damages claims; and finally consideration is given in the BCL case of time limits under section 47A claims. Other cases considered include BAA v Competition Commission and R v George & Others which offer a useful additional commentary on current authorities.

The updated work also considers the increasing move towards electronic disclosure which will gather pace in the 2020s.

The hardback second edition of this work was published on 11th September 2019.

Posted by Phillip Taylor MBE on 2020-01-17 22:52:56

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