Source: All England Reporter
Publisher Citation: [2009] All ER (D) 26 (Jul)
Neutral Citation: [2009] EWCA Civ 647
Court: Court of Appeal, Civil Division

Carnwath, Jacob and Patten LJJ

Representation Daniel Beard (instructed by Orrick, Herrington & Sutcliffe) for the claimant.
  Mark Brealey QC and Maya Lester (instructed by Freshfields Bruckhaus Deringer LLP) for the defendant.
Judgment Dates: 1 July 2009


Competition - Rules on competition - Abuse of dominant position - Claimant beaten in end-to-end contract bid by defendant - Defendant infringing prohibition on abuse of dominant position - Claimant issuing claim against defendant seeking damages for loss it alleged it suffered as a result of breaches - Competition Appeal Tribunal striking out claim and refusing permission to appeal - Defendant seeking permission to appeal against refusing to strike out part of claim - Claimant serving respondents' notice seeking permission to appeal against tribunal's decision in relation to overcharging matter by defendant - Preliminary issue of jurisdiction - s 47A, 49.

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