The English Court of Appeal strikes out two cartel damages claims based on the torts of conspiracy and economic interference thus narrowing the scope of other potential claims (Air Cargo)

In brief There were three significant developments in the air cargo cartel damages litigation in the UK in October 2015. First, on 14 October 2015, the English Court of Appeal significantly narrowed the scope of potential claims in the UK by striking out two claims based on the torts of conspiracy and economic interference respectively. Second, in the same judgment, the Court of Appeal limited access to evidence relating to non-addressees of a Commission decision, ruling that companies seeking damages from British Airways have no right to see certain details of a European Commission Decision that fined BA (and other air carriers) for price fixing. Third, in a separate judgment on 27 October 2015, the English High Court struck out the damages claims of 65,000 Chinese companies, on the

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Authors

  • Simmons & Simmons (London)
  • Simmons & Simmons (London)
  • Simmons & Simmons (London)

Quotation

Patrick Boylan, Tony Woodgate, Ajit Kainth, The English Court of Appeal strikes out two cartel damages claims based on the torts of conspiracy and economic interference thus narrowing the scope of other potential claims (Air Cargo), 14 October 2015, e-Competitions Bulletin October 2015, Art. N° 76931

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