The UK Supreme Court rules in relation to a follow-on claim for civil damages that any appeal against the finding of infringement by any other addressee is irrelevant to a non-appealing addressee (Deutsche Bahn / Morgan Advanced Materials)

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (formerly Morgan Crucible Co Plc) (Appellant)* The Facts Morgan Advanced Materials Plc (‘Morgan’) participated in an illegal cartel in the sector of electrical and mechanical carbon and graphite products. Morgan, as whistleblower, disclosed the existence of the Cartel to the Commission, and a Commission decision finding that Article 81(1) (Now Article 101(1)) had been infringed by the members of the cartel was issued on 3 December 2003. Morgan obtained immunity and escaped a fine, whilst the other members received heavy fines; Carbone Lorraine €45.05million, Schunk €30.87million, SGL €23.64million, Conradty €1.06million and Hoffman €2.82million [1]. Most of the cartel members appealed to the General Court,

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  • King’s College (London)

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Christy Burzio, The UK Supreme Court rules in relation to a follow-on claim for civil damages that any appeal against the finding of infringement by any other addressee is irrelevant to a non-appealing addressee (Deutsche Bahn / Morgan Advanced Materials), 9 April 2014, e-Competitions April 2014, Art. N° 67464

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