English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims Introduction and Summary The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis [1] concerned an appeal against a successful application to strike out an off-setting defence to a competition damages claim. It is an important clarification of the threshold that must be met to raise an off-setting defence, a common, and potentially potent, strategy used by defendants to reduce their damages exposure in competition claims. The Court dismissed the appeal, on the basis the defendant had failed to meet the threshold and therefore its off-setting defence should be struck out. The appeal specifically concerned i) whether a supplier who
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The English Court of Appeal clarifies the threshold for raising ‘off-setting’ defences in competition and other breach-of-duty claims (NTN / Stellantis)
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