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Our Competition Litigation Funding Experience

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TheJudge’s specialist antitrust team have experience in securing funding and insurance for competition disputes spanning a range of industries from transportation, telecommunications, IT, pharmaceuticals, manufacturing through to consumer goods and the food sector.

Examples of the types of competition litigation funding and insurance TheJudge can broker include:

Private enforcement actions or direct “standalone” claims

This is typically brought by claimants seeking to enforce competition law and where there is no prior decision on the alleged anti-competitive behaviour of the defendant, (including allegations of price fixing or predatory pricing), by a regulator or competition agency.

“Follow on” claims

This is typically brought by claimants seeking to recover damages or other forms of relief where there is a pre-existing decision on the anti-competitive behaviour of the defendant and/or the defendant’s industry (for example, a finding by the European Commission that a price-fixing cartel exists).

Appeals against findings of a regulatory body

This is brought by claimants who are appealing a lack of any finding of anti-competitive behaviour.

Defendant protection

TheJudge has access to insurance facilities which can hedge the financial risks defendants in competition litigation face, including the risk of paying significant fines to regulatory bodies and substantial damages to follow on claimants.

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