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  UKHL 21,  per Lord Hoffmann, - per Lord Nicholls. What if there are two other boats competing for the canoe’s business,
The UK Court of Appeal refuses to expand the qualification of victim down the chain to the ultimate consumer (Air Canada / Emerald Supplies)
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