Competition Law and litigation Risk transfer

With increasing focus on competition law litigation, in particular price-fixing cartel cases, and other actions arising from anti-competitive behaviour, it is imperative to ensure that clients have accessible litigation risk transfer solutions, whether ATE insurance or Third Party Funding, we access all the leading providers in the field to ensure that the clients obtain choice.

Where the case involves a mass group of claimants, it is strongly advisable to consider more than one option. Negotiating suitable terms for class action litigation can take time. We have seen examples of situations where either insurers or funders have decided not to offer formal (or suitable) terms, despite months of negotiation. At TheJudge, wherever possible we seek to broker to multiple markets simultaneously, so if negotiations fall down with one market invaluable time and money will not be lost.

It is also important to consider the scope of the ATE Insurance policies and/or Third Party Funding agreements and not just the price. At TheJudge, we have always been heavily involved in negotiating terms beyond the standard cover initially offered by underwriters, given the complexities of ensuring adequate protection for all members of the group/class.

To discuss your Competition law case please contact, James Delaney or Matthew Amey.

If you are ready to make an application please download an application form, click here.