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
The government has published its response to the ‘Freedom and choice in pensions’ consultation. Individuals aged 55 or over will be able to access their entire DC pension flexibly.
Extension of the sanctions relief provided for in the Joint Plan of Action between the P5+1 and the Islamic Republic of Iran
On 18 July 2014, the P5+1 (the US, the UK, Germany, France, Russia and China) agreed with Iran to extend their commitments under the Joint Plan of Action.
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.