The Business Law Reports
[2020] Bus LR 1073
Court of Appeal
BritNed Development Ltd
v
ABB AB and anotherABB AB and another
v
BritNed Development Ltd
[2019] EWCA Civ 1840
2019 July 15, 16, 17; Oct 31
Patten, Henderson, Asplin LJJ
Competition— Restriction or distortion of competition— Anti-competitive agreement— European Commission finding supplier of electricity cable participated in cartel— Claimant purchaser of cable bringing damages claim for loss allegedly suffered because of cartel— Proper approach to assessment of loss— Whether European Union principle of effectiveness requiring award of damages to be punitive— Whether loss or damage to claimant to be presumed— Whether in absence of precise evidence suffered by claimant court required to err on side of under-compensation— Whether damages to be reduced to take account of regulatory cap on claimant’s profits— Whether award of damages based on cartel savings made by supplier wrong in principle—
FEU Treaty
, art 101FEU
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