Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Posted July 3rd, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 2009

Source: www.lawreports.co.uk

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