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

The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of . .

The respondent company (MC) had disclosed to the European Commission its own historical involvement in unlawful price-fixing cartels. Other members, but not MC received fines. The claimants (DB) sought damages for their losses arising from the . .

The claimants wished to claim damages arising from the participation by the defendants in an unlawful cartel. The Court of Appeal had said that the claim was out of time, and that the claimants would have to seek an extension of time to bring their . .