This Alert summarises two significant recent developments in UK cartel law.
The first development relates to the right of third parties to bring damages claims against the participants in a cartel, specifically the time period within which such a case must be brought where it relies on a competition authority's infringement decision.
The second development relates to a proposal intended to increase the number of successful prosecutions for cartel activity in the UK by removing the "dishonesty" requirement of the offence and introducing a series of defences in its place.
The Limitation Period for Follow-on Damages Actions -
In 2001 a number of vitamins producers were found to have engaged in cartel activity contrary to EU competition law. The European Commission imposed fines on the participants, including one of €296.16 million on BASF. BASF decided not to appeal against the finding of infringement but it did appeal against the level of the fine, which was reduced to €236.845 million on 15 March 2006. Any appeal of this judgment would have had to have been filed by 25 May 2006.
Please see full alert below for more information.
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