The UK Court of Appeal refuses to expand the qualification of victim down the chain to the ultimate consumer (Air Canada / Emerald Supplies)

Richards, Tom

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14 Oct 2015

The UK Court of Appeal refuses to expand the qualification of victim down the chain to the ultimate consumer (Air Canada / Emerald Supplies)

KEYWORDS

Reference

England and Wales Court of Appeal, Air Canada / Emerald Supplies, [2015] EWCA Civ 1024, 14 October 2015

Blown out of the water? Air Cargo and the future of extra-EU/EEA cartel damages claims* If the captain of a trading ship fires cannon on a canoe to prevent the canoeists trading with another boat vying for their trade, that boat’s owners can sue the captain: Tarleton v M’Gawley (1793) Peake 270. An intention to gain where your gain must be another’s loss is an intention to injure the other for the purposes of the “unlawful means” economic torts: OBG v Allen [2007] UKHL 21, [63] per Lord Hoffmann, [164]-[167] per Lord Nicholls. What if there are two other boats competing for the canoe’s business,

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Author

Tom Richards
Blackstone Chambers (London)

United Kingdom 11 contributions 3022 visits

Quotation

Tom Richards, The UK Court of Appeal refuses to expand the qualification of victim down the chain to the ultimate consumer (Air Canada / Emerald Supplies), 14 October 2015, e-Competitions October 2015, Art. N° 76178

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