The UK High Court finds that following an infringement decision by the EU Commission, the appropriate claim is for compensatory and not exemplary or restitutionary damages (Devenish Nutrition / Sanofi-Aventis)

The High Court's judgment is the first time that an English court has to consider what type of damages can be obtained in claims following from an infringement decision by the European Commission in competition cases. According to the judgment, a claimant is only entitled to compensatory damages [1] and not exemplary damages [2], restitutionary damages [3] or an account of profits [4]. Background In 2001, the European Commission adopted a decision [5] finding that a number of undertakings had infringed Article 81(1) EC and Article 53(1) of the Agreement on the European Economic Area (EEA) by participating in a series of separate cartels affecting 12 different markets for vitamin products, namely vitamins A, E, B1, B2, B5, B6, folic acid, vitamins C, D3 and H, beta-carotene and