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January 3, 2024

In this Willkie Competition Litigation podcast, partners Boris Bronfentrinker, Elaine Whiteford and Katrina Robson discuss three recent judgments from the UK’s appellate courts in relation to collective proceedings (the UK term for class actions).

Boris Bronfentrinker is the Chair of Willkie’s European Competition and Antitrust Litigation Practice. Boris is a solicitor advocate practicing in complex commercial litigation, with particular experience in competition litigation. His involvement regularly acting for both claimants and defendants before the High Court of England & Wales and in the Competition Appeal Tribunal gives Boris a unique perspective and insight into the conduct of competition disputes from both sides. In this discussion, Boris draws on his extensive experience, including his position at the helm of the first opt-out collective action to be certified under the UK’s collective action regime, to discuss the potential ramifications of these two recent Court of Appeal judgments and one Supreme Court judgment on such a fast-developing regime. 

Elaine Whiteford is a partner in Willkie's European Competition and Antitrust Litigation Practice in London. She has over 20 years' experience of contentious EU, Competition and Regulatory work with particular experience in follow-on damages litigation, challenges to regulatory decisions, cartel investigations and threatened disputes. Having been involved in many of the most significant competition cases in recent years, including numerous appeals to the Court of Appeal and Supreme Court, Elaine provides her insight into the reasoning behind these significant judgments, including as to the expected impact on ongoing and future claims brought under the UK’s collective action regime. 

Host Katrina Robson is a partner in Willkie’s Antitrust & Competition Group based in the firm’s Washington, DC office. Drawing on her involvement in some of the most significant antitrust disputes in recent years and her representation of clients in complex, high-profile antitrust and competition litigation against both government agencies and private parties, Katrina is able to provide valuable insight on these cases from a US perspective.

Listen for an update on these significant judgments and their potential implications on the collective action landscape for both practitioners and clients. Please also see our client alert, “Something for Everyone – the Recent UK Appellate Judgments on Collective Proceedings”, which provides further commentary on these key developments. 

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