In an antitrust case with multiple claimants and defendants would the court apply the applicable law test to each one of the disputes or would they state that there is one applicable law for the whole matter?

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Produced in partnership with Tom Montagu-Smith KC of 3 Verulam Buildings (3VB)

Published on: 10 January 2017

There is no requirement that all issues in a claim must be decided by reference to the same system of law. In very many cases, the court must apply one system of law to one set of issues and a different law to others.

This situation very often arises, for example, where the issue is whether an act—such as agreement to a contract—purportedly done on behalf of a company, was authorised. Questions of actual Authority will generally be decided by reference to the law of the country of the company’s incorporation. The question of the validity of a purported contract is generally decided by reference to the putative law of the contract. This may include questions of apparent authority. This can lead to multiple

Tom Montagu-Smith, KC

Barrister, 3 Verulam Buildings (3VB)

Tom is a commercial barrister practicing in arbitration and litigation. His work includes civil fraud, insurance and reinsurance and disputes arising out of construction projects. Most of his work has an international dimension. He has particular experience in the DIFC Courts, where he drafted the Rules of Court and has been involved in many leading cases including those on jurisdiction and the enforcement of foreign judgments and arbitral awards. Recent cases include: - Honeywell v Meydan [2014] 2 Lloyd's Rep 133 [arbitration enforcement; public policy] - Taaleem v National Bonds (DIFC Courts, 19 Feb 2014) [property, contract, breach of fiduciary duty] - X1 v Y1 (DIFC Courts, 28 Nov 2014) [arbitration enforcement, jurisdiction] - X v Y (DIFC Courts, 5 Jan 2015) [arbitration enforcement, constitutionality] - Nakheel v Souq (Dubai World Tribunal, 2011 ' 2015) [property, contract, abuse of rights] Tom is recommended for construction work by Chambers & Prs 2015: "He is a superb advocate and he has superb judgement. He is very good on the law". He is also recommended for international arbitration work by Legal 500 2015: 'An outstanding lawyer with a great strategic mindset.'' Tom is a contributor to Foskett on Compromise (8th Edn., 2015). He is responsible for the chapters on insurance, arbitration and construction.

Jurisdiction(s):

United Kingdom

Key definition:

Antitrust definition

What does Antitrust mean?

EU competition rules prohibiting agreements and concerted business practices which restrict competition, as well as the abuse of dominance.

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