The UK Court of Appeal paves the way for an ‘anchored’ follow-on claim against an industrial copper tube cartel liable under Art. 101 TFEU (Toshiba Carrier / KME Yorkshire)

On 13th September 2012, the UK Court of Appeal turned down an appeal by KME Yorkshire Ltd (“KME UK”) to summarily dismiss a private damages claim by Toshiba Carrier UK Ltd and other claimants (“Toshiba UK”) [1]. The claim was in respect of losses that occurred during the operation of a cartel between May 1988 and March 2001 within the industrial tubes sector. The Court of Appeal’s decision potentially welcomes more privately enforced competition claims in the UK. However, future follow-on claims may also be delimited due to a stricter interpretation of the ‘Provimi point’. Background The background of this case stems from a decision (the “Decision”) by the Commission of the European Union (the “Commission”) in December 2003 [2]. The Commission identified the existence of various agreements and

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Emile Abdul-Wahab, The UK Court of Appeal paves the way for an ‘anchored’ follow-on claim against an industrial copper tube cartel liable under Art. 101 TFEU (Toshiba Carrier / KME Yorkshire), 12 September 2012, e-Competitions September 2012, Art. N° 50885

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