The Court of Appeal of England and Wales has ruled that restitutionary damages are not generally available in antitrust cases and that, in most cases, compensatory damages [1] provide adequate remedies. Background In 2001, the European Commission adopted a decision [2] finding that a number of undertakings had infringed Article 81(1) EC and Article 53(1) of the Agreement on the European Economic Area (EEA) by participating in a series of separate cartels affecting 12 different markets for vitamin products [3]. The present case arises out of follow-on actions i.e. damages actions by claimants, who had bought vitamins from the manufacturers named in the decision, for compensation suffered as a result of the cartel's activities. In relation to the nature of the damages sought, the
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The UK Court of Appeal upholds the High Court’s finding that following an infringement decision by the EU Commission, the appropriate claim is compensatory and not restitutionary damages (Devenish Nutrition / Sanofi-Aventis)
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