The UK Competition Appeal Tribunal clarifies timing rules for follow-on private antitrust actions for damages against cartel participants (BCL, BASF)

On 19 November 2009, the UK Competition Appeal Tribunal (“CAT”) confirmed the test it will apply when assessing whether to extend the time limit by which claimants may commence follow-on actions for damages before the CAT once there has been a finding of a breach of UK or EU competition law. The outcome of this new judgment is that potential claimants will more diligently pursue their claims and not rely on the CAT exercising its discretion to extent the limitation period. Earlier this year, a judgment of the UK Court of Appeal, BCL Old Co & Others v BASF & Others, clarified the time limits for bringing follow-on actions for damages [1]. In that case BASF had appealed the CAT's decision that a follow-on action for damages brought by BCL Old Co. and Grampian against BASF and

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Authors

  • Morgan Lewis (London)
  • 4-5 Gray’s Inn Square
  • Jones Day (London)

Quotation

Frances M. Murphy, Stephen Brown, Matt Evans, The UK Competition Appeal Tribunal clarifies timing rules for follow-on private antitrust actions for damages against cartel participants (BCL, BASF), 19 November 2009, e-Competitions Bulletin November 2009, Art. N° 33762

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