BCL Old Co Ltd & v BASF SE & Ors

BCL Old Co Ltd & v BASF SE & Ors

The Competition Appeal Tribunal Rules do not confer any power to extend the time limit for bringing follow-on damages claims under section 47A of the Competition Act 1998; the time limit under rule 31 is definitive and cannot be extended by case management powers. European Community law principles of effectiveness, legal certainty, and legitimate expectation do not require a different result in this context.

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 of Actions, Follow on Damages Claims, Extension of Time, European Law Principles, Case Management Powers
Competition Law Civil Procedure Limitation of Actions Follow on Damages Claims Extension of Time European Law Principles Case Management Powers

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 Rules confer power to extend time for bringing follow-on damages claims under section 47A of the Competition Act 1998
  2. 2 Whether European Community law principles require such a power to exist or be exercised
  3. 3 Whether the Tribunal's refusal to extend time was a proper exercise of discretion

Ratio Decidendi

The Competition Appeal Tribunal Rules do not confer any power to extend the time limit for bringing follow-on damages claims under section 47A of the Competition Act 1998; the time limit under rule 31 is definitive and cannot be extended by case management powers. European Community law principles of effectiveness, legal certainty, and legitimate expectation do not require a different result in this context.

Court Disposition

Appeal dismissed

Orders

  • No power to extend time for bringing follow-on damages claims under rule 31; claim dismissed.