The UK High Court opens the way for companies to pursue private damages actions against employees and directors who are involved in competition law infringements (Safeway Stores)

Background 1. Between 2002 and 2003, various employees and directors of the Safeway group ("Safeway"), a UK supermarket operator, were involved in the exchange of commercially sensitive retail pricing information with other UK supermarkets and dairy processors. As a consequence of this, initiatives were put into place which increased the price of milk and other dairy products. 2. In 2005, the UK Office of Fair Trading ("OFT") launched an investigation, alleging that the arrangements infringed the prohibition on anti-competitive agreements contained in section 2(1) of the Competition Act 1998 (commonly known as the 'Chapter 1' prohibition, which is broadly similar to Article 101 TFEU). In 2007, the OFT sent a statement of objections to Safeway. 3. On receipt of the statement of

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  • Shoosmiths (Thames Valley)

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Simon Barnes, The UK High Court opens the way for companies to pursue private damages actions against employees and directors who are involved in competition law infringements (Safeway Stores), 15 January 2010, e-Competitions January 2010, Art. N° 30444

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