Britned Development Ltd v ABB

Britned Development Ltd v ABB

BritNed suffered an overcharge as a result of ABB's participation in the cartel, but only to the extent of baked-in inefficiencies in ABB's cable design and cartel-derived cost savings, not as a result of direct price inflation or lost profits. The overcharge was quantified at €13,009,568. The lost profit and compound interest claims failed. The regulatory cap on BritNed's profits did not reduce the damages recoverable.

Parties
Claimant: BritNed Development Limited; Defendant: ABB AB; Defendant: ABB Ltd
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Civil (competition Law Damages Claim) / Judgment After Full Trial
Outcome
Claim allowed in part; damages awarded for overcharge only.
Legal Topics
Cartel Damages, Article 101 TFEU, Overcharge, Lost Profits, Compound Interest, Regulatory Cap, Quantification of Damages
Competition Law Tort Law European Union Law Cartel Damages Article 101 TFEU Overcharge Lost Profits Compound Interest +2 more

Case Brief

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Parties

BritNed Development Limited

Claimant

ABB AB

Defendant

ABB Ltd

Defendant

Procedural Posture

Civil (competition Law Damages Claim) / Judgment After Full Trial

Legal Issues

  1. 1 Whether BritNed suffered an overcharge due to ABB's participation in the power cables cartel
  2. 2 Whether BritNed is entitled to damages for lost profits due to alleged capacity limitation
  3. 3 Whether BritNed is entitled to compound interest on the overcharge

Ratio Decidendi

BritNed suffered an overcharge as a result of ABB's participation in the cartel, but only to the extent of baked-in inefficiencies in ABB's cable design and cartel-derived cost savings, not as a result of direct price inflation or lost profits. The overcharge was quantified at €13,009,568. The lost profit and compound interest claims failed. The regulatory cap on BritNed's profits did not reduce the damages recoverable.

Court Disposition

Claim allowed in part; damages awarded for overcharge only.

Orders

  • Judgment for BritNed against ABB for €13,009,568 in damages for overcharge.
  • Lost profit claim dismissed.