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Competition Litigation Funding

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Litigation Funding is where an external company agrees to finance some or all of the legal fees and expenses incurred when pursuing a piece of litigation. This can include:

In return for providing the investment, the funder will charge a success fee if the case succeeds. This success fee might be calculated as a percentage of the recovery or a multiple on the funder’s investment e.g. a x2 return to the funder on the capital invested.

It’s not uncommon for some funders to charge a hybrid model where the success fee is calculated as the greater of an agreed multiple or a percentage of the damages recovered.

Our team can advise you on the most likely structures available and how best to reduce the overall cost.

Benefits of Competition Litigation Funding

  1. Non-Recourse Funding – the funder is only repaid its capital and paid its funding success fee, in the event that the claimant is successful in the litigation. If the case loses the funder loses its investment.
  2. A level financial playing field – Defendants in cartel and antitrust claims are often substantial international blue chip companies with significant financial muscle. That means they have the ability and incentive to engage a large and expensive legal team. Funding helps level the financial playing field and ensures claimants can engage an equally credible legal team.
  3. Tactical benefits – whilst a third party funded client is not necessarily required to notify the opponent of the existence of any litigation funding agreement, there may be tactical benefits associated with doing so. The opponent could be encouraged to be sensible about settlement earlier in the proceedings if it is aware that an independent funding provider has reviewed the arguments and has decided to financially back the claimant’s case.

Choosing the Right Funder

There are a variety of third party litigation funders that will finance competition and antitrust litigation. However, the cost of the funding can vary significantly from one funder to the next. As such, we believe it’s crucial for the claimant to review a range of funding options to ensure they are obtaining the best deal.

TheJudge has been at the forefront of litigation funding and insurance for over a decade. Our unique position in the market as the leading broker, enables us to have an objective view of the marketplace and keep fully up to date on the ever-changing appetites of different funders.

Our panel of funders and insurers is never static; we are continuously adding new funders to our panel as well as reviewing the competitiveness of existing panel members.

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