An UK Competition Court grants interim relief in ’follow on’ damages claim (Healthcare at Home/Genzyme)

The Competition Appeal Tribunal's (the “CAT”) judgment in Healthcare at Home Ltd v Genzyme Limited, 15 November 2006, concerned a claim for “interim payment” in proceedings brought by Healthcare at Home (the “claimant”) against Genzyme Limited (“Genzyme”). Under section 47A of the UK Competition Act 1998 “follow on” claims for damages may be brought before the CAT where a breach of the competition rules has already been established in a public law decision (e.g. by the OFT, the CAT, or the EC Commission). In this case the claimant sought damages in respect of loss it had suffered in consequence of Genzyme's infringement of the Act's Chapter II prohibition (modelled on Article 82 EC). In its first judgment dealing with follow on proceedings, the CAT awarded the claimant £2 million as an interim

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  • King’s College (London)

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Alison Jones, An UK Competition Court grants interim relief in ’follow on’ damages claim (Healthcare at Home/Genzyme), 11 January 2007, e-Competitions Bulletin January 2007, Art. N° 12710

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