Law360, New York (August 04, 2009) -- On May 22, 2009, the Court of Appeal for England and Wales held that the two-year statutory window for filing follow-on damages claims brought before the UK Competition Appeal Tribunal (the “CAT”) will only be prevented from running in the event of an appeal by the defendant against a regulatory infringement decision, but will not be prevented from running pending the outcome of an appeal solely in respect of the level of any fine imposed by the regulator.
The Court of Appeal decided that follow-on damages claims brought against BASF for its involvement in illegal vitamins cartels were, on the facts of this particular case, time-barred....
