The UK Court of Appeal decides on restitutionary damages in an action for damages resulting from a cartel (Devenish Nutrition / Sanofi-Aventis)

By its decision of 14 October 2008, the Court of Appeal dismissed the appeal of the claimant, Devenish Nutrition Ltd, against the decision of Lewison J of 19 October 2007 [1] . As a result, claimants seeking damages in a private action against a cartel, for losses based on a finding of an infringement of Article 81 by the European Commission, were entitled to compensatory damages but not exemplary damages, restitutionary damages or an account of profits. Background In 2001, the European Commission found that certain vitamin manufacturers, including some of the defendants in the instant case, had entered into eight worldwide cartels related to the supply of various vitamin products, in breach of art 81(1)EC of the EC Treaty. During the cartel's existence, the claimant purchased

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  • University of Exeter

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Andrea Lista, The UK Court of Appeal decides on restitutionary damages in an action for damages resulting from a cartel (Devenish Nutrition / Sanofi-Aventis), 14 October 2008, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 26360

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