The UK Competition Appeal Tribunal refuses permission to initiate follow-on claims for damages while an appeal is pending in the public enforcement case (Emerson Electric / Morgan Crucible)

Background The claimants (Emerson Electric Co, Valeo S.A., Robert Bosch GmbH, Visteon Corporation and Rockwell Automation) seek damages for the violation of Article 81(1) EC from the defendant (Morgan Crucible Company Plc) and the proposed defendants (Schunk GmbH, Schunk Kohlenstofftechnik GmbH, SGL Carbon AG and Le Carbone Lorraine S.A.). According to the Commission's decision of 03 December 2003 the defendant and the proposed defendants participated in a series of agreements and concerted practices within the meaning of Article 81(1) EC on the market for carbon and graphite-based products for electrical and mechanical applications [1]. Except from the defendant who successfully applied for leniency with the Commission the proposed defendants brought actions for annulment of that

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  • University of East Anglia

Quotation

Sebastian Peyer, The UK Competition Appeal Tribunal refuses permission to initiate follow-on claims for damages while an appeal is pending in the public enforcement case (Emerson Electric / Morgan Crucible), 28 April 2008, e-Competitions Bulletin April 2008, Art. N° 17678

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