CAT rules that vitamins cartel damages claims was brought in time
Resource type: Legal Update: archive
Law stated as at 25-Sep-2008
On 25 September 2008, the Competition Appeal Tribunal (CAT) issued a ruling finding that the damages claim brought by BCL Old Co Limited and others against BASF, in relation to losses allegedly incurred as a result of the vitamins cartel, was not time-barred. The CAT ruled that the relevant date under Rule 31(2) of the CAT Rules, for the purposes of bringing the damages claim under section 47A of the Competition Act, fell on the expiry of the period during which an appeal against a judgment of the Court of First Instance could have been instituted by BASF in the European Court of Justice. The CAT has held that it is not relevant for these purposes that the appeal to the European Courts only related to the penalty imposed and not to the Commission's findings of infringement.
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