The UK High Court of Justice holds that the trigger for the running of time for limitation purposes in a competition claim is not the discovery of every potentially relevant fact in the broadest sense (Arcadia / Visa)

“It’s too late baby, now it’s too late”: limitation, competition claims and knowledge* How much knowledge does a potential claimant need before time begins to run against a competition claim against a party alleged to have breached competition law? This was the key question addressed by Mr Justice Simon in the first case in which an English Court has had to consider the effect of s.32 of the Limitation Act 1980 (“LA”) in the context of a competition claim. The judgment is the latest instalment of the MIFs (“multi-lateral interchange fees”) saga (see, e.g. Tom Coates’ blog on the CJEU’s recent decision in the MasterCard case). In Arcadia Group Brands Limited and others v Visa Inc and others [2014] EWHC 3561 (Comm) claims were brought by a number of major UK retailers such as Argos and B&Q

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  • Blackstone Chambers (London)

Quotation

Ravi S. Mehta, The UK High Court of Justice holds that the trigger for the running of time for limitation purposes in a competition claim is not the discovery of every potentially relevant fact in the broadest sense (Arcadia / Visa), 30 October 2014, e-Competitions October 2014, Art. N° 69837

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