Recent Developments in Follow-on Cartel Damage Claims

Two recent U.K. judgments in follow-on cartel damages claims have clarified important procedural and substantive issues regarding the timing and nature of the claims that may be brought, and illustrate the importance of Community law in the development of national competition litigation. In summary, in Emerson Electric v. Morgan Crucible, the Competition Appeal Tribunal held that claimants require permission of the CAT to bring a follow-on damages claim in the CAT if the infringement decision is under appeal, including an appeal by parties other than the defendant. In Devenish Nutrition v. sanofi-aventis, the High Court of England and Wales held that exemplary (or punitive) damages cannot be awarded in follow-on damages claims, and that restitutionary awards or an account of profits cannot be ordered in any antitrust claim.