BritNed Development Ltd v. ABB AB and ABB Ltd [2018] EWHC 2616 (Ch). (“BritNed”) is the first English cartel damage judgment and the first to consider an econometric approach to calculating overcharges. The court rejected the claimant’s econometric analysis as ‘too complex’ and “unspecific”. Here I look at why it was rejected and the impact the judgment is likely to have on the future use of econometrics in competition damage cases. The Power Cables Cartel BritNed is a follow-on damages action based on the European Commission’s Power Cables decision. [1] This found that ABB was a member of a global cartel tendering for the supply of extra high voltage power cable projects during the period 1999 to 2009. ABB successfully bid to supply a submarine cable to BritNed’s electricity
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The UK High Court of Justice rejects econometrics analysis in a cartel damages case for being too complex (BritNed / ABB)
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