The English High Court dismisses novel class action claim for alleged antitrust damages arising out of agreements or concerted practices relating to the supply of air freight services (Emerald/British Airways)

The High Court today dealt a serious blow to claimants seeking to bring damages claims on a representative basis (which are, in substance, akin to "opt-out" class actions) by confirming that existing rules cannot be "stretched" to allow such claims in the English courts. In September 2008 two flower importers, Emerald Supplies Limited and Southern Glass House Produce Limited (the "Claimants"), commenced proceedings in the High Court against British Airways in which they alleged that British Airways had been party to agreements or concerted practices relating to the supply of air freight services. The Claimants alleged that they were direct and/or indirect purchasers of air freight services, the prices for which had been inflated as a

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Michael Sanders, Dario Dagostino, The English High Court dismisses novel class action claim for alleged antitrust damages arising out of agreements or concerted practices relating to the supply of air freight services (Emerald/British Airways), 8 April 2009, e-Competitions Bulletin April 2009, Art. N° 41345

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