The UK Competition Appeal Tribunal narrows the scope of follow-on claims (Emerson Electric / Carbone)

This article has been nominated by the Business Steering Committee for the business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 21, 2011, the U.K. Competition Appeal Tribunal (the “CAT”) struck out a follow-on claim for damages brought by Emerson Electric and others (“Emerson”) against Le Carbone (Great Britain) Ltd (“Carbone GB”) under Section 47A of the Competition Act 1998 (the “Competition Act”). [1] The CAT held that the claim could not proceed because Carbone GB was not an addressee of the European Commission’s 2003 infringement decision (the “Decision”), [2] and that the claim would thus not be a true “follow-on” claim for the purposes of the Competition Act (i.e., liability against Carbone

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Authors

  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)

Quotation

Nicholas Levy, Romano F. Subiotto QC, The UK Competition Appeal Tribunal narrows the scope of follow-on claims (Emerson Electric / Carbone), 21 March 2011, e-Competitions Bulletin March 2011, Art. N° 45110

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