BCL Old Co Ltd & v BASF SE & Ors [2010] EWCA Civ 1258 (12 November 2010)

BCL Old Co Ltd & v BASF SE & Ors [2010] EWCA Civ 1258 (12 November 2010)

There is no power under the Competition Appeal Tribunal Rules to extend the time for bringing a follow-on damages claim under section 47A of the Competition Act 1998. Rule 31 sets a definitive limitation period, and Rule 19(2)(i) does not confer a power to extend this period. European Community law principles of effectiveness, legal certainty, and legitimate expectation do not require such a power in these circumstances.

Citation
[2010] EWCA Civ 1258
Parties
Claimant/appellant: BCL Old Co Ltd; Claimant/appellant: DFL Old Co Ltd; Claimant/appellant: PFF Old Co Ltd; Claimant/appellant: Deans Foods Ltd; Defendant/respondent: BASF SE (sued as BASF AG); Defendant/respondent: BASF PLC; Defendant/respondent: Frank Wright Ltd
Jurisdiction
England and Wales
Judgment Date
12 November 2010
Procedural Posture
Civil Appeal / Appeal From Competition Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Follow on Damages Claims, Case Management Powers, European Law Principles, Extension of Time
Competition Law Civil Procedure Limitation Periods Follow on Damages Claims Case Management Powers European Law Principles Extension of Time

Case Brief

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Parties

BCL Old Co Ltd

Claimant/appellant

DFL Old Co Ltd

Claimant/appellant

PFF Old Co Ltd

Claimant/appellant

Deans Foods Ltd

Claimant/appellant

BASF SE (sued as BASF AG)

Defendant/respondent

BASF PLC

Defendant/respondent

Frank Wright Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether the Competition Appeal Tribunal has power to extend the time for bringing follow-on damages claims under section 47A of the Competition Act 1998 and Rule 31 of the Tribunal Rules
  2. 2 Whether European Community law principles require such a power to exist or be exercised in the claimants' favour

Ratio Decidendi

There is no power under the Competition Appeal Tribunal Rules to extend the time for bringing a follow-on damages claim under section 47A of the Competition Act 1998. Rule 31 sets a definitive limitation period, and Rule 19(2)(i) does not confer a power to extend this period. European Community law principles of effectiveness, legal certainty, and legitimate expectation do not require such a power in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • No power to extend time for bringing follow-on damages claim under section 47A; claim dismissed.