The UK Court of Appeal upholds a decision of the Competition Appeals Tribunal denying a claimant follow-on damages (Enron Coal Services/ English Welsh & Scottish Railway)

I. Overview In January 2011, the UK Court of Appeal (the “Court”) dismissed an appeal against a ruling of the UK Competition Appeal Tribunal (the “Tribunal”) that Enron Coal Services Ltd (“Enron”) was not entitled to follow on damages against English Welsh and Scottish Railway Ltd (“EWS”). The Court clarified the duties of the Tribunal in such cases, and upheld the decision of the Tribunal, namely that in order to successfully claim for follow on damages the burden of proof lies on the claimant to establish its loss. Evidence that EWS had engaged in abusive pricing practices was insufficient for this purpose. II. Background and Tribunal decision The background to the case, and the decision of the Tribunal subject to the appeal in this case, has previously been reported in this journal by

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Jack Connah, The UK Court of Appeal upholds a decision of the Competition Appeals Tribunal denying a claimant follow-on damages (Enron Coal Services/ English Welsh & Scottish Railway), 19 January 2011, e-Competitions Bulletin Judicial review, Art. N° 34065

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