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In this very important judgment of 5 July 2012, the Tribunal awarded damages and exemplary damages to a bus operator which was the victim of an infringement of the Chapter II Prohibition. The Tribunal described conduct intended to exclude a competitor as ‘inherently repugnant', and found that the defendant had acted in disregard of the law. Aware of the threat of a flood of litigation, the Tribunal set strict conditions for Particulars of Claim asserting a right to exemplary damages.
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