BCL Old Co Ltd & Ors v BASF SE & Anor

BCL Old Co Ltd & Ors v BASF SE & Anor

The limitation period for bringing a claim under section 47A is not postponed by an appeal against penalty alone; only an appeal against the infringement decision itself is relevant. The claim was brought outside the two-year time limit and is time-barred unless the tribunal grants an extension.

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
Civil Appeal / Appeal From Competition Appeal Tribunal
Outcome
Appeal allowed; claim held time-barred unless extension granted.
Legal Topics
Limitation Periods, Competition Infringement, Damages Claims, Appeals, Statutory Interpretation
Competition Law Civil Procedure Limitation Periods Competition Infringement Damages Claims Appeals Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

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

Civil Appeal / Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether an appeal against penalty, but not against the finding of infringement, postpones the limitation period for bringing a claim under section 47A of the Competition Act 1998.

Ratio Decidendi

The limitation period for bringing a claim under section 47A is not postponed by an appeal against penalty alone; only an appeal against the infringement decision itself is relevant. The claim was brought outside the two-year time limit and is time-barred unless the tribunal grants an extension.

Court Disposition

Appeal allowed; claim held time-barred unless extension granted.

Orders

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