Court of Appeal Rejects Restitutionary Award in Follow-on Damages Action

A recent judgment of the Court of Appeal of England and Wales has confirmed the findings of a lower court that restitutionary awards are not available in actions for infringement of competition law, and that compensatory damages are the normal remedy. Significantly, the court further held that, even if restitution were to be available, it would not have ordered it in the circumstances of the case, as the harm flowing to purchasers of products that have been the subject of a cartel may be adequately compensated through damages.