The UK Court of Appeal holds that compensatory damages are adequate and that a restitutionary reward is not available in an action for damages resulting from a cartel (Devenish Nutrition / Sanofi-Aventis)

Introduction In view of the fact that Community law regulates competition, English law is required to provide remedies for violations to persons injured thereby. Indeed, as the European Court of Justice stated in Courage v. Crehan, "the full effectiveness of Article 81 of the Treaty and, in particular, the practical effect of the prohibition laid down in Article 81(1) would be put at risk if it were not open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition" [1]. In furtherance of such dicta and in order to kick-start a real private enforcement culture in the European Union the European Commission ("Commission") has recently issued a White Paper on damages actions for breaches of the EC antitrust rules the

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  • McDermott Will & Emery (Brussels)

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David Henry, The UK Court of Appeal holds that compensatory damages are adequate and that a restitutionary reward is not available 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° 24277

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