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The UK Court of Appeal confirms the application of the Limitation Act in cartel damages claims (IGE)

On 14 April 2021, the UK Court of Appeal upheld a decision of the High Court confirming the application of concealment provisions in the Limitation Act 1980 when calculating the deadline for bringing a cartel damages claim in the High Court. Key takeaways The UK Court of Appeal has confirmed that the position of a claimant is relevant in determining whether the claimant could have 'discovered' the existence of the cartel at an earlier point in time. As well as establishing the date of 'discovery', there are other complexities that can impact on the calculation of limitation periods in competition law cases, including establishing the point in time when the action arises, the type of action being brought and the judicial forum in which proceedings are commenced. The judgment will not

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Authors

  • Ashurst (London)
  • Ashurst (London)

Quotation

Euan Burrows, Duncan Liddell, The UK Court of Appeal confirms the application of the Limitation Act in cartel damages claims (IGE), 14 April 2021, e-Competitions April 2021, Art. N° 100717

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