BCL Old Co Ltd & Ors v BASF SE & Anor [2009] EWCA Civ 434 (22 May 2009)

BCL Old Co Ltd & Ors v BASF SE & Anor [2009] EWCA Civ 434 (22 May 2009)

The limitation period for bringing a follow-on damages claim under section 47A runs from the end of the period for appealing the infringement decision, not from the end of any appeal against penalty. An appeal against penalty alone does not postpone the time limit. The claim is time-barred unless the tribunal grants an extension.

Citation
[2009] EWCA Civ 434
Parties
Claimant/respondent: BCL Old Co Limited; Claimant/respondent: DFL Old Co Limited; Claimant/respondent: PFF Old Co Limited; Claimant/respondent: Deans Food Limited; Defendant/appellant: BASF SE (formerly BASF AG); Defendant/appellant: BASF PLC; Defendant/appellant: Frank Wright Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Appeal From Competition Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed; claim held time-barred unless tribunal grants extension of time.
Legal Topics
Limitation Periods, Follow on Damages, Interpretation of Statutes, European Commission Decisions, Appeals and Time Limits
Competition Law Civil Procedure Limitation Periods Follow on Damages Interpretation of Statutes European Commission Decisions Appeals and Time Limits

Case Brief

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Parties

BCL Old Co Limited

Claimant/respondent

DFL Old Co Limited

Claimant/respondent

PFF Old Co Limited

Claimant/respondent

Deans Food Limited

Claimant/respondent

BASF SE (formerly BASF AG)

Defendant/appellant

BASF PLC

Defendant/appellant

Frank Wright Limited

Defendant/appellant

Procedural Posture

Appeal From Competition Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an appeal against penalty, but not against the finding of infringement, postpones the time limit for bringing a follow-on damages claim under section 47A of the Competition Act 1998.

Ratio Decidendi

The limitation period for bringing a follow-on damages claim under section 47A runs from the end of the period for appealing the infringement decision, not from the end of any appeal against penalty. An appeal against penalty alone does not postpone the time limit. The claim is time-barred unless the tribunal grants an extension.

Court Disposition

Appeal allowed; claim held time-barred unless tribunal grants extension of time.

Orders

  • Tribunal's decision reversed.
  • Claim can proceed only if tribunal grants extension of time.