The Court of Appeal of England and Wales dismisses an appeal against an action for damages arising from an Article 101 TFEU violation on the market for the supply of industrial copper tubes (KME Yorkshire / Toshiba Carrier)

Special pleading? Toshiba Carrier and the industrial tubes cartel* The Court of Appeal’s judgment last Friday in KME Yorkshire Ltd & ors v Toshiba Carrier UK Ltd & ors [2012] EWCA Civ 1990 will gladden the hearts of Article 101 damages claimants. It confirms that the Court will be generous in assessing the adequacy of a claimant’s pleaded case – at least where a Commission decision has already established the existence of a cartel. By a Decision dated 16 December 2003, the Commission found that three manufacturers of industrial copper tubes had between 1988 and 2001 operated a price-fixing and market-sharing cartel under cover of a trade

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  • Blackstone Chambers (London)

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Tom Richards, The Court of Appeal of England and Wales dismisses an appeal against an action for damages arising from an Article 101 TFEU violation on the market for the supply of industrial copper tubes (KME Yorkshire / Toshiba Carrier), 13 September 2012, e-Competitions Bulletin Commitment Decisions, Art. N° 60071

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