The UK Supreme Court rules that non-appealing parties to a cartel, the existence of which has been negatived on appeal, remain liable to civil damages actions (Deutsche Bahn / Morgan Advanced Materials)

Non-Appealing Cartelists Beware* Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions. The context is section 47A of the Competition Act 1998, a provision which has generated an extraordinary amount of litigation in view of the fact that it was intended to streamline private damages actions. The apparently dreary issue addressed in Deutsche Bahn AG and others v Morgan Advanced Materials Plc [2014] UKSC 24 related to the two-year time limit in which follow-on damages claims

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  • Blackstone Chambers (London)

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Tristan Jones, The UK Supreme Court rules that non-appealing parties to a cartel, the existence of which has been negatived on appeal, remain liable to civil damages actions (Deutsche Bahn / Morgan Advanced Materials), 9 April 2014, e-Competitions Bulletin April 2014, Art. N° 65445

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