The Queen’s Bench Division of the High Court of England & Wales gives important guidelines as to the standard of proof for claiming damages in competition cases (Arkin)

Arkin v. Borchard Lines Ltd., [2003] All E.R. (D) 173, [2003] EWHC 687 (Comm) (10 April 2003), is important as one of the first damages claims brought in a United Kingdom court for breach of Articles 81 and 82 of the Rome Treaty involving private enforcement of competition law. It was decided by the High Court of Justice, Queens Bench Division, Commercial Court [1]. The case was appealed to the Court of Appeal ([2005] EWCA Civ 655) in relation to the costs aspect of the case. It has established new law in relation to limiting the exposure of professional funders to payment of costs and is regularly quoted in litigation matters. This article deals with the competition law aspects of the case. Mr. Justice Colman used the opportunity to give important guidelines as to the standard of

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Reed Smith (London)

Quotation

Marjorie Holmes, The Queen’s Bench Division of the High Court of England & Wales gives important guidelines as to the standard of proof for claiming damages in competition cases (Arkin), 10 April 2003, e-Competitions Bulletin April 2003, Art. N° 34951

Visites 595

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues