BritNed v. ABB: lessons from the first follow-on damages claim to reach judgment in the English courts

Abstract

The case of BritNed v. ABB is the first time a claim for damages following on from a competition authority's cartel infringement decision has proceeded through trial and to final judgment in the English courts. The judgment provides useful guidance on the approach the English courts may take to the quantification of damages in cartel damages cases. This article looks at the manner in which the judgment grappled with three key areas of evidential dispute in the case, which resulted in the court rejecting the claimant's economic case. The article also considers how the findings in the case may influence the manner in which competition damages claims are pursued in the future.