A perfect storm for exemplary damages
As the first case in which the Competition Appeal Tribunal (CAT) has awarded ‘follow-on’ damages under section 47A of the Competition Act 1998, it is unsurprising that the case of 2 Travel Group plc (in Liquidation) v Cardiff City Transport Services Ltd has been widely reported.
Most commentators have identified two main themes; first, that a precedent of awarding damages in a follow-on action has been set, which should encourage future follow-on claims (especially given the government’s current proposals to facilitate further private actions); and secondly, that exemplary damages can be awarded for breaches of competition law. The case has been analysed to gain an insight as to how future follow-on actions will fare, and also to consider if awards of exemplary damages will become a feature of such actions.
Addleshaw Goddard acted for the claimant and while, of course, the case was decided on its facts, the claim was perhaps more nuanced than has been reported and gave rise to numerous broader issues of general importance to such follow-on claims. This article seeks to highlight those issues…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Data Issues Roundup — new Irish data protection commissioner appointed; Racing Post falls short on IT security; and more
Addleshaw Goddard has released the 15 September 2014 issue of its Data Issues Roundup publication.
The Court of Appeal in has considered the effect of a lease provision requiring a repeat guarantee as a condition of landlord’s consent on intragroup assignment.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.