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ARTICLE · 22 NOVEMBER 2010

BCL Old Co Limited & Ors v BASF SE & Ors [2010] EWCA Civ 1258

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In a judgment delivered on 12 November, the Court of Appeal dismissed an appeal by the Claimants for an extension of time in which to bring follow-on claims for damages against members of a 1990s cartel found by the European Commission in 2001 to have infringed EU competition rules in the market for vitamins A, E and B2.

United KingdomLitigation, Mediation & Arbitration
Clare Canning
Clare Canning
Alexander Weinberg
Alexander Weinberg
Gillian Sproul
Gillian Sproul
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Originally published 12 November 2010

Keywords: BCL Old Co Limited, Ors, competition damages, extension of time

Competition Damages – No Discretionary Extension of Time for Follow-On Claims

In a judgment delivered on 12 November, the Court of Appeal dismissed an appeal by the Claimants for an extension of time in which to bring follow-on claims for damages against members of a 1990s cartel found by the European Commission in 2001 to have infringed EU competition rules in the market for vitamins A, E and B2.

These claims had already been found by the Court of Appeal to be time-barred ([2009] EWCA Civ 434) and the CAT had refused the Claimants' subsequent request that it use its discretion to lift the time bar in their case ([2009] CAT 29).

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