The UK’s Competition Appeal Tribunal decides for the first time on claims for damages for breach of Art. 81 EC under national competition provision (Vitamins)

Background These two cases, heard concurrently before the UK's Competition Appeal Tribunal (“CAT” or “Tribunal”) were the first (and so far the only) claims for damages to be brought pursuant to Section 47A of the Competition Act 1998 (the “Act”). Section 47A of the Act is a significant legislative development in the UK. It was introduced by the Enterprise Act 2002 and entered into force on 20 June 2003. It establishes an automatic statutory right for private entities adversely affected by infringements of key competition law provisions to bring claims for damages before the CAT. The right is automatic in so far as the Tribunal has no discretion to rule on whether or not there has been an actionable infringement. The Tribunal will award damages if: (1) either the Office of Fair Trading

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Charles Balmain, Carrie Angell, The UK’s Competition Appeal Tribunal decides for the first time on claims for damages for breach of Art. 81 EC under national competition provision (Vitamins), 28 January 2005, e-Competitions Bulletin January 2005, Art. N° 1139

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