The Competition Appeal Tribunal (CAT) has published the transcript of a hearing in the damages claim by BCL Old Co Limited against BASF (see Legal update, CAT publishes details of damages claim in relation to vitamins cartel). The action for damages is based on the fact that, as indirect purchasers of the vitamins that were the subject of the Commission's cartel decision, the claimants have suffered loss and damage as a result of the infringement of Article 81. On 20 May 2008, the President of the CAT ordered that the issue of whether the action is time-barred under section 47A of the Competition Act 1998 should be heard as a preliminary issue. The hearing was held on 7 July 2008 and concentrated on the question of whether an appeal by BASF to the Court of First Instance (CFI) in relation to the Commission's decision to impose a fine (as opposed to the decision that BASF had infringed the competition rules) suspended the two year time limit for bringing a claim for damages in the CAT under Rule 31 of the CAT's Rules. The CFI handed down its judgment in the case in relation to BASF on 15 March 2006 (see Legal update, CFI reduces vitamin cartel fines imposed on BASF and Daiichi). The claimants' notice of appeal was received by the CAT on 13 March 2008.