Supreme Court hands down judgment in first competition case

29 Oct 2012 | by Caroline Sweeney

The Supreme Court has handed down judgment in the first competition case to come before it, BCL Old Co. Ltd v BASF plc [2012] UKSC 45.

The case concerned the date on which time begins to run for the purposes of the two year limitation period for bringing follow-on damages claims in the Competition Appeal Tribunal, under section 47A Competition Act 1998.  The Supreme Court considered whether the interpretation of section 47A adopted by the Court of Appeal in BCL Old Co. v BASF plc [2009] EWCA Civ 434, together with the interpretation of the Competition Appeal Tribunal’s Rules adopted in BCL Old Co. v BASF plc. (No. 2) [2010] EWCA Civ 1258, was sufficiently foreseeable and clear to potential claimants to comply with the European law principles of effectiveness and legal certainty.

Christopher Vajda QC and Laura Elizabeth John appeared for the Appellants.

To read the judgment, please click here.