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Court of Appeal rules in BritNed damages case

7 November 2019

Court of Appeal rules in BritNed damages case

Zenith's Suzanne Rab writes:

The Court of Appeal has given judgment in appeals against the High Court judgments awarding damages to BritNed Development Ltd (BritNed) in a follow-on action arising from ABB’s participation in the power cables cartel.

The High Court had held that ABB was liable to BritNed for damages in the amount of EUR11,708,611.20 (plus interest).

The Court of Appeal dismissed BritNed's appeal in its entirety confirming the High Court’s assessment of damages in a follow-on cartel.

However, the Court allowed a cross-appeal by ABB finding that the High Court had erred in awarding damages for “cartel savings” amounting to savings to ABB because it did not have to compete as a result of the cartel.  The Court found that the award of damages on such basis violated the compensatory principle that damages should reflect the loss to the victim rather than any savings made by the cartelist.

BritNed Development Limited v ABB AB & ABB Ltd [2019] EWCA Civ 1840

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