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This article considers the landmark judgment of the UK Competition Appeal Tribunal (CAT) in 2 Travel Group plc (In Liquidation) v Cardiff City Transport Services Ltd ( CAT 19) concerning the follow-on damages claim brought by 2 Travel Group plc against Cardiff City Transport Services Limited, not only the first final damages award made by the CAT, but also the first case in which an English court has awarded exemplary damages for breach of competition law. The article examines the CAT's judgment, including its consideration of important issues of causation and the counterfactual, the significance of findings of fact within the underlying infringement decision, evidence, and the availability of exemplary damages. It discusses the potential impact of the case for future competition law damages claims, and for the reforms to the system of private enforcement of competition law currently being considered at both a UK and an EU level.
Kim Dietzel, Stephen Wisking and Molly Herron