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Enron Coal Services Ltd (In Liquidation) v English Welsh and Scottish Railway Ltd (No 2): CA 19 Jan 2011

Section 47A of the 1997 Act has the effect that ‘the defendant cannot deny that it has committed whatever infringement the regulator has found’ and that ‘the decision that there was an infringement, and a particular infringement, is conclusive’: Judges: Jacob, Lloyd, Patten LJJ Citations: [2011] EWCA Civ 2, [2011] UKCLR 303 Links: Bailii Statutes: … Continue reading Enron Coal Services Ltd (In Liquidation) v English Welsh and Scottish Railway Ltd (No 2): CA 19 Jan 2011

Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc: SC 9 Apr 2014

The Court was asked whether claims against MAM for losses suffered by reason of a cartel infringing article 81(1) TEC (now article 101 TFEU) were time-barred, and also as to substantive questions about the nature of the decisions of the European Commission (or European Court of Justice) which bind domestic courts as to the existence … Continue reading Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc: SC 9 Apr 2014