The UK Competition Appeals Tribunal receives the first claim for damages based on abuse of dominant position (Healthcare at Home / Genzyme)

Healthcare at Home Limited (“HH”) has brought a claim for damages before the Competition Appeals Tribunal (“CAT”) against Genzyme Limited (“GL”) pursuant to section 47A of the Competition Act 1998. This is the third claim for damages to have been brought before the CAT pursuant to section 47A of the Competition Act. Unlike the two previous claims which were based upon infringement of Article 81(1) EC, HH's claim is based upon decisions by the Office of Fair Trading (“OFT”) and CAT that GL had infringed the Chapter II Prohibition of the Competition Act (which mirrors Article 82 EC at the domestic level). Claims under Section 47A of the Competition Act Section 47A provides those who have suffered loss or damage as a result of an infringement of UK or EC competition law with the right