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Competition Law

Analysis - debate - current awareness

08 JAN 2013

Emerson Electric Co and Others v Mersen UK Portslade Ltd (sued as and formerly Le Carbone (Great Britain) Ltd) [2012] EWCA Civ 1559; [2013] UKCLR 81


On 28 November 2012, the Court of Appeal dismissed an appeal against a judgment of the Competition Appeal Tribunal. The Court held the Tribunal had acted correctly when it struck out a claim in the context of a follow-on action on the grounds that the defendant was not an addressee of the infringement decision, such that the Tribunal had no jurisdiction to determine the case under s 47A of the Competition Act 1998.

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