The UK Competition Appeal Tribunal clarifies limitation period for follow-on claims lodged with the Tribunal (Emerson Electric / Morgan Crucible)

I. Background On 09 February 2007 a claim for damages under section 47A Competition Act (follow-on action) was lodged with the Competition Appeal Tribunal (hereafter CAT). The defendant Morgan Crucible Company plc (“Morgan Crucible”) and the proposed defendants Schunk GmbH and Schunk Kohlenstofftechnik GmbH (together “Schunk”) and SGL Carbon AG ("SGL") had participated in a worldwide price fixing cartel in respect of electrical and mechanical carbon and graphite products. The claimants in the UK proceedings are direct purchasers of electrical and mechanical carbon and graphic products. Specifically, the Claimants are Emerson Electric Co., Valeo S.A., Robert Bosch GmbH, Visteon Corporation and Rockwell Automation Inc (hereafter the claimants). With its decision of 3 December 2003 [1], the

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  • University of East Anglia

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Sebastian Peyer, The UK Competition Appeal Tribunal clarifies limitation period for follow-on claims lodged with the Tribunal (Emerson Electric / Morgan Crucible), 17 October 2007, e-Competitions October 2007, Art. N° 15523

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