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Supreme Court clarification on follow-on damages claims timing

27 May 2014. Published by Andy McGregor, Head of Civil Fraud

On 9 April 2014, the Supreme Court, reversing the Court of Appeal's decision, ...

... upheld the Competition Appeals Tribunal's ("CAT") findings that the limitation period for bringing a follow-on damages claim under section 47A of the Competition Act 1998 is not extended against a non-appealing addressee by virtue of appeals by other addressees of a European Commission's decision.

As a result, on 2 May 2014, the CAT published an order withdrawing the damages action that had been brought by Deutsche Bahn AG and others against Morgan Advanced Materials Plc (formerly Morgan Crucible Co Plc) ("Morgan") on the basis that it was out of time. For the full facts of the case and case comment, please see the full article, which can be found by clicking here.