The UK Competition Appeal Tribunal denies the claimant damages in first English follow-on damages case to reach trial (Enron Coal Services / English Welsh and Scottish Railway)

Overview In December 2009, the Competition Appeal Tribunal (“Tribunal”) dismissed the follow on damages claim brought by Enron Coal Services Limited (“Enron”) against English Welsh and Scottish Railway Limited (“EWS”). The Tribunal held that Enron had failed to make its case against the Defendant on causation i.e. to prove that it had in fact suffered any loss. The decision is groundbreaking since it is the first English case in which a competition damages judgment has been handed down following a substantive hearing in the Tribunal. The Tribunal prefaced its decision by emphasising the specific facts of the case and cautioned “against any attempts to prejudge its importance for the outcome of monetary claims in the future”. However, one thing remains clear following the case - the burden

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  • Herbert Smith Freehills

Quotation

David Smales, The UK Competition Appeal Tribunal denies the claimant damages in first English follow-on damages case to reach trial (Enron Coal Services / English Welsh and Scottish Railway), 21 December 2009, e-Competitions Bulletin December 2009, Art. N° 30779

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