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The UK Court of Appeal clarifies principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)

The Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 has again had to clarify the principles governing competition damages. It reaffirmed the English High Court’s rejection of the claimant’s approach to damages [1] but took issue with the trial judge’s position that damages should err on the side of under-compensation, rejected his award of ‘cost savings’ damages and the treatment of pass-on where the claimant operates under a regulated price cap. Background BritNed v ABB [2018] EWHC 2616 (Ch) is a follow-on damages action based on the European Commission’s cartel decision Case AT.39610 -Power Cables. The Commission 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

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Cento Veljanovski, The UK Court of Appeal clarifies principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB), 31 October 2019, e-Competitions October 2019, Art. N° 92893

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