BCL OLD Co Ltd v BASF SE [2008] CAT 29 (17 October 2008)

BCL OLD Co Ltd v BASF SE [2008] CAT 29 (17 October 2008)

The Tribunal found that the defendants' arguments did not meet the threshold for permission to appeal under CPR 52.3(6), as there was no real prospect of success nor a compelling reason for an appeal. The Tribunal reaffirmed its interpretation that the relevant 'decision' is the Commission's decision as a whole, and that claimants can apply for permission to commence proceedings earlier if prejudice would otherwise occur.

Citation
[2008] CAT 29
Parties
Claimant: BCL OLD CO LIMITED; Claimant: DFL OLD CO LIMITED; Claimant: PFF OLD CO LIMITED; Claimant: DEANS FOOD LIMITED; Defendant: BASF SE; Defendant: BASF PLC; Defendant: FRANK WRIGHT LIMITED
Jurisdiction
United Kingdom
Judgment Date
17 October 2008
Procedural Posture
Competition Damages Claim / Ruling on Request for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Limitation Period, Follow on Damages, Permission to Appeal, Interpretation of Decision Under Section 47 a Competition Act 1998
Competition Law Civil Procedure Limitation Period Follow on Damages Permission to Appeal Interpretation of Decision Under Section 47 a Competition Act 1998

Case Brief

Summary, issues, holding and outcome

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Parties

BCL OLD CO LIMITED

Claimant

DFL OLD CO LIMITED

Claimant

PFF OLD CO LIMITED

Claimant

DEANS FOOD LIMITED

Claimant

BASF SE

Defendant

BASF PLC

Defendant

FRANK WRIGHT LIMITED

Defendant

Procedural Posture

Competition Damages Claim / Ruling on Request for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted regarding the interpretation of 'decision' under section 47A of the Competition Act 1998 and related limitation period rules.

Ratio Decidendi

The Tribunal found that the defendants' arguments did not meet the threshold for permission to appeal under CPR 52.3(6), as there was no real prospect of success nor a compelling reason for an appeal. The Tribunal reaffirmed its interpretation that the relevant 'decision' is the Commission's decision as a whole, and that claimants can apply for permission to commence proceedings earlier if prejudice would otherwise occur.

Court Disposition

permission to appeal refused

Orders

  • Defendants' request for permission to appeal is refused.