The UK Supreme Court grants permission to appeal against the Court of Appeal’s judgment that struck out a cartel damages claim on the ground that they were out of time (Deutsche Bahn)

Introduction Deutsche Bahn v Morgan Crucible is a well-litigated case, with a judgment from the Court of Appeal and the granted permission to appeal to the Supreme Court. Taking into account the novel issues involved in this case, it appears reasonable that the Supreme Court wants to resolve it definitely, especially when there are questions regarding literal or purposive interpretation. Therefore, the resolution by the Supreme Court is highly desirable. The facts of the case are as follows: Morgan reported the cartel to the competition authorities and in this manner escaped a fine and on that basis did not intend to appeal to the General Court against both penalties and infringement. The rest of the defendants appealed and lost. Later on they tried to pursue the follow-up cases

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  • University of Manchester

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Dorota Galeza, The UK Supreme Court grants permission to appeal against the Court of Appeal’s judgment that struck out a cartel damages claim on the ground that they were out of time (Deutsche Bahn), 21 December 2012, e-Competitions December 2012, Art. N° 51810

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