Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & Ors (Rev 1)

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & Ors (Rev 1)

A restitutionary award (account of profits) is not available in English law for breach of statutory duty in competition law cases where the tort is non-proprietary and compensatory damages are an adequate remedy. The Court of Appeal is bound by its previous decisions (Wass, Halifax) and, even if Blake could be extended, the circumstances here are not exceptional. Community law neither requires nor precludes such a remedy; compensatory damages are sufficient.

Parties
Appellant: Devenish Nutrition Limited; Respondents: Sanofi-Aventis SA (France) & Ors; Respondents: BASF AG and others (4th & 5th Respondents); Respondents: 6th, 7th & 8th Respondents
Jurisdiction
England and Wales
Judgment Date
14 October 2008
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) on a Preliminary Point of Law
Outcome
Appeal dismissed
Legal Topics
Restitutionary Damages, Account of Profits, Breach of Statutory Duty, Private Enforcement of Competition Law, Passing on Defence
Competition Law Tort Law Remedies Restitutionary Damages Account of Profits Breach of Statutory Duty Private Enforcement of Competition Law Passing on Defence

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Parties

Devenish Nutrition Limited

Appellant

Sanofi-Aventis SA (France) & Ors

Respondents

BASF AG and others (4th & 5th Respondents)

Respondents

6th, 7th & 8th Respondents

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) on a Preliminary Point of Law

Legal Issues

  1. 1 Whether a restitutionary award (account of profits) is available for breach of statutory duty in competition law cases
  2. 2 Whether compensatory damages are an adequate remedy for victims of cartels
  3. 3 Whether English law or Community law requires or precludes a restitutionary remedy in such cases

Ratio Decidendi

A restitutionary award (account of profits) is not available in English law for breach of statutory duty in competition law cases where the tort is non-proprietary and compensatory damages are an adequate remedy. The Court of Appeal is bound by its previous decisions (Wass, Halifax) and, even if Blake could be extended, the circumstances here are not exceptional. Community law neither requires nor precludes such a remedy; compensatory damages are sufficient.

Court Disposition

Appeal dismissed

Orders

  • No restitutionary award (account of profits) available to Devenish for breach of statutory duty in this case
  • Devenish entitled only to compensatory damages for any proven loss