Conspiracy in the CAT: the scope of section 47A
What kinds of “follow-on” claims may be brought in the CAT? ‘[A]ny claim for damages, or any other claim for a sum of money which a person who has suffered loss or damage as a result of the infringement of a relevant prohibition may make in civil proceedings brought in any part of the United… Continue reading
Tesco scores partial victory in cheese cartel
In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading  CAT 31. Tesco’s victory is essentially on the facts: it persuaded the CAT… Continue reading
A Bitter Pill: AstraZeneca in the CJEU
The Court of Justice of the European Union (CJEU)’s much anticipated early Christmas present for generic producers has arrived in the form of its judgment in the AstraZeneca case (Case C-457/10 P AstraZeneca AB and AstraZeneca plc v European Commission, 6 December 2012). The decision upheld that of the General Court and the Opinion of… Continue reading
Another reason to avoid the CAT – Emerson in the Court of Appeal
The famous Victorian cricketer WG Grace is reputed once to have offered the following advice: “When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.” The recent Emerson decision  EWCA Civ 1559 is another illustration… Continue reading
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