Judges: Mummery, Moore-Bick, Black LJJ Citations: [2012] EWCA Civ 1559, [2012] WLR(D) 354 Links: Bailii Statutes: Competition Act 1998 47A Jurisdiction: England and Wales Commercial Updated: 09 November 2022; Ref: scu.466381
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 time, the limitation period being 2 years from the infringement decision. The … Continue reading BCL Old Co Ltd and Others v BASF Plc and Others: SC 24 Oct 2012
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 cartel, but their claims were deemed out of time. The claimants appealed. Held: The appeal succeeded. The issue was … Continue reading Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others: CA 31 Jul 2012
Citations: [2010] CAT 19 Links: Bailii Statutes: Competition Act 1998 47A Commercial Updated: 15 September 2022; Ref: scu.441659
Application to strike out elements of damages claims. Citations: [2011] CAT 4, [2011] Comp AR 90 Links: Bailii Statutes: Competition Act 1998 47A Commercial Updated: 15 September 2022; Ref: scu.441645
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 claim. Held: The Tribunal acted on the basis that it … Continue reading BCL Old Co Ltd and Others Basf Se (Formerly Basf Ag) and Others: CAT 19 Nov 2009
Citations: [2022] CAT 24 Links: Bailii Statutes: Competition Act 1998 47A Jurisdiction: England and Wales Citing: See Also – Belle Lingerie Limited v Wacoal Emea Ltd and Wacoal Europe Ltd (23) CAT 23-May-2022 . . Lists of cited by and citing cases may be incomplete. Commercial Updated: 15 August 2022; Ref: scu.679519
The claimant sought to bring an action for damages arising from an alleged breach of competition rules by the defendant. The defendant argued that the claim was out of time being outside the two year period required. Held: The respondent’s appeal succeeded. Where there was an appeal against the infringement itself, the two year period … Continue reading BCL Old Co Ltd and Others v BASF Se and Others: CA 22 May 2009
The claimant sought damages after the defendants had been found to be part of an unlawful price maintenance cartel. The respondent argued that the claim was out of time. Held: The claim could proceed. Judges: Barling J Citations: [2008] CAT 24 Links: Bailii Statutes: Competition Act 1998 47A Citing: See Also – BCL Old Co … Continue reading BCL Old Co Ltd and others v Basf Se and others: CAT 25 Sep 2008
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