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 [2013] 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…

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