Indirect harm sufficient to found jurisdiction for antitrust claim
In the case of Deutsche Bahn AG & 30 ors v Morgan Advanced Materials plc (formerly Morgan Crucible Co plc) & 5 ors  CAT 18, 15 August 2013, the Court of Appeal held that jurisdiction to bring a follow-on antitrust damages action can be established under article 5(3) of the Brussels Regulation even where the claimant is not an immediate (direct) victim of the harmful event in question. This is the first ruling of this type on article 5(3) in the context of antitrust damages actions and will aid the establishment of English jurisdiction for such claims.
Under Rule 31 of the Competition Appeals Tribunal (CAT) Rules 2003, a claimant may bring a ‘follow-on’ antitrust damages action in the CAT under s47A Competition Act 1998, in other words following on from an infringement decision by the European Commission or Office of Fair Trading, within two years of that decision…
If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.
News from Allen & Overy
News from The Lawyer
Briefings from Allen & Overy
A new Luxembourg act on the immobilisation of bearer shares and units was published in the Luxembourg Official Gazette on 14 August 2014.
OFAC has issued revised guidance relating to the status of entities owned by individuals or entities whose interests in property are blocked under executive orders.
Analysis from The Lawyer
At the time of its launch Accutrainee was described as a revolutionary change to the training model. Has it proved to be so? Not really.
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.