The Court of Appeal dismisses an appeal seeking to strike out a damages claim brought against a company that was not the addressee of a EU Commission decision: an encouragement towards more private litigation in England? (Toshiba Carrier)

On 13 September 2012, the Court of Appeal (England and Wales) dismissed an appeal which sought to strike out a damages claim (or grant summary judgment) brought against a company that was not the addressee of a European Commission decision finding an infringement of EU competition law [1]. In December 2003, the European Commission found an infringement of Article 101 TFEU in the industrial tubes sector [2]. It fined various undertakings for price fixing and market sharing between 3 May 1988 and 22 March 2001. The undertakings found to have infringed the law and fined were companies in the KME group (all appellants before the Court of Appeal) and Outokompu Ojy (another appellant before the Court of Appeal). The KME group companies named in the

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  • University of Leeds

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Pinar Akman, The Court of Appeal dismisses an appeal seeking to strike out a damages claim brought against a company that was not the addressee of a EU Commission decision: an encouragement towards more private litigation in England? (Toshiba Carrier), 12 September 2012, e-Competitions Bulletin September 2012, Art. N° 50850

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