The England & Wales Court of Appeal overturns the Competition Appeal Tribunal’s decision in a pro-defendant judgment on follow-on damages actions (BCL / BASF)

On 22 May 2009, the Court of Appeal handed down its judgment in BCL v BASF [1] , ruling that the Competition Appeal Tribunal (“CAT”), had erred in allowing what was, in the opinion of the Court of Appeal, a time-barred damages claim to proceed. The judgment will provide welcome legal certainty to Defendants. It is now clear that statutory follow-on damages actions (brought under section 47A of the Competition Act 1998, the “1998 Act”) must be brought within the later of two years of the expiry of the deadline for appealing against an infringement decision or, where an appeal against the infringement decision (not the level of the fine) is made, determination of that appeal. This emphasizes the need for Claimants to act swiftly in bringing section 47A claims within the relatively short