Ben Lask – LexisNexis: Abuse of process – follow-on damages claims and admissions in EU infringement proceedings (ABVolvo v Ryder)

24 Nov 2020 By Ben Lask KC


Dispute Resolution analysis: This case concerned the application of the common law doctrine of abuse of process in claims for damages arising from an infringement of competition law. The Court of Appeal upheld a judgment of the Competition Appeal Tribunal (CAT), finding that it would be an abuse of process for the defendants in such a case to contest findings contained in the decision of the European Commission (the Commission), where those findings reflected admissions by the defendants, unless there was some justification for doing so.

Written by Ben Lask, barrister at Monckton Chambers.

This analysis was first published on Lexis®PSL on 18 November 2020 and can be found here.