Devenish Nutrition Limited v Sanofi-Aventis SA (France) & Ors  EWCA Civ 1086
20 October 2008
Mayer Brown Newsletter
October 2008 - Court of Appeal affirms that Claimants need to prove actual loss to win damages in cartel case. In a Judgment delivered today, the Court of Appeal has affirmed the first instance decision of Lewison J that claimants seeking damages in a private action against a cartel, for losses based on a finding of an infringement of Article 81 by the European Commission, are entitled to compensatory damages but not exemplary damages, restitutionary damages or an account of profits.