High Court rules on competition law damages and conspiracy claims

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The High Court has confirmed that so-called ‘follow on’ damages actions brought under section 47A of the Competition Act 1998 may be based on the tort of conspiracy to use unlawful means. Under the Act, a person who has been caused loss or damage through an infringement of EU or UK competition law may bring an action for damages before the Competition Appeal Tribunal (CAT). Such claims can only be brought before the CAT following a decision by the European Commission or the Office of Fair Trading that competition law has been breached, so they are commonly referred to as ‘follow on’ claims.

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