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Competition Law & Anti-Trust
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

Moving on from part one of this two CPDcast podcast series, Christopher outlines the fourth issue that ought to be considered by commercial parties and Legal advisers in Competition Damages Actions; namely the type of Monetary Awards that are available. This part of the podcasts focuses on the issue of the difficulties of the passing-on defence and whether restitutionary damages (account of profits) will be available to Claimants when the defence does exist. The important cases in this area are considered and practical advice is given as to whether future cases may lead to the award of restitutionary, as opposed to compensatory, damages. Christopher then considers the possibility of Group Litigation in the CAT and High Court. In addition, the podcast considers additional practical including issues of Disclosure issues and the timing of bringing proceedings. The final part of the podcast outlines particular matters that defendants ought to consider.

After completing the course you will:
  • Appreciate the type of Monetary Awards that are available in Competition Damages Actions in the CAT and High Court.;
  • Understand the difficulties claimants face when attempting to avoid a defendant claiming that the losses sustained have been passed on.;
  • Comprehend the limited range of circumstances, if ever, where the claimant may claim exemplary or restitutionary damages in Competition Actions.;
  • Grasp when Group Litigation can proceed in the CAT and High Court.;
  • Appreciate practical issues concerning disclosure and the timing of bringing proceedings.;
  • Gain an appreciation of the factors that Defendants ought to consider in Competition proceedings.
Intermediate Difficulty: 3 of 5
Legal Principles
Legislative Updates
Sources and References:
  • Competition Appeals Tribunal Rules R31, R32;
  • Competition Appeals Tribunal Guide para 6.86;
  • Devenish Nutrition Limited v Sanofi-Aventis SA (France) & Ors [2008] EWCA Civ 1086;
  • Devenish Nutrition Ltd v. Sanofi-Aventis SA [2007] EWHC 2394 (Ch);
  • Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136;
  • BCL Old Co v. Aventis (first CAT action for damages) [2005] CAT 1, [2005] CompAR 470;
  • BCL Old Co Ltd v BASF SE and Others (BCL (No.2)) (2009) EWCA (Civ) 434;
  • English, Welsh and Scottish Railway Ltd v Enron Coal Services Ltd [2009] EWCA Civ 647;
  • National Grid Electricity Transmission Plc v ABB Ltd & Ors, Court of Appeal - Chancery Division, 12 June 2009, [2009] EWHC 1326 (Ch);
  • Emerson Electric Co. and others v Morgan Crucible Company plc and others [2008] CAT 8.

In this CPDcast, Christopher Brown, a Barrister at Matrix Chambers, speaks on effective communication skills for legal professionals. Christopher provides a holistic oversight of all aspects of Competition issues with a particular focus on important issues that claimants and defendants ought to consider.

Podcast last reviewed: 2011-10-31

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