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Antitrust and competition litigation

Eversheds Sutherland has antitrust and competition experience across a broad spectrum of industries, including insurance, energy, automotive, telecommunications and finance. Our attorneys offer a pragmatic and constructive approach to managing antitrust risk, but also have the requisite experience to conduct internal investigations or defend litigation should it be necessary. The use of private litigation to remedy breaches of competition law is increasing across the globe. Many regulatory authorities actively encourage customers or competitors to bring actions for damages against companies involved in cartels or other anti-competitive behavior. Companies also face the risk of claims brought by governmental enforcers and appeals from adverse regulatory decisions.

We have the experience and capability to aggressively and persuasively advance the interests of our clients in court and tribunal proceedings. We also have substantial experience in defending, as well as prosecuting, private claims on behalf of our clients, including the defense of class actions brought by customers alleging cartel behavior and price fixing. We pride ourselves on effective advocacy both in written briefs and memoranda, and orally.

Managing competition litigation

Competition-based arguments are regularly used in civil proceedings as both a “shield” to justify a party’s conduct or a “sword” to prevent or terminate anti-competitive behavior. These developments create new threats and opportunities for your business. Competition issues are moving towards the top of the corporate risk agenda, and they can also provide commercial leverage and strategic advantage. As with any contentious situation, the key lies in developing a clear strategy from the outset.

Managing damages claims

Competition litigation may involve massive and costly document requests and other litigation discovery undertakings. We know how to handle such matters in as cost-effective a manner as possible consistent with insulating clients from claims of non-compliance or destruction of evidence.

Whether you are a claimant or defendant, our award winning project management system RAPID Resolution allows you to identify the right strategy for your business. We will consider from the outset the strengths and weaknesses of the position, the options available to achieve the best practical outcome in the context of your commercial objectives, a costs budget and time estimate.

We have substantial strength and depth in the competition litigation arena and can call on additional resources and expertise as required. Our experience in working together on cross-team matters is crucial in providing you with efficient and seamless support through the commercial and legal challenges a competition case presents.

We also have the cross-border capabilities to deal with the varying national regulations that may affect such discovery requests, including different national views regarding the scope of discovery, the protection of privacy, and the scope of attorney-client privilege.

Contact our antitrust and competition litigation team

If you would like any further information or need advice on antitrust and competition litigation matters, then please do not hesitate to contact our legal advisors.

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