Devenish Nutrition Ltd v Sanofi-Aventis & Ors
Oct 08
[2008] EWCA Civ 1086
The judgment of the Court of Appeal, read with Lewison J’s decision below, are now the leading UK authorities on the types of remedy available for breach of competition law.
The Court of Appeal upheld the arguments of Aventis (represented by Tom de la Mare and Brian Kennelly), finding that restitutionary remedies, specifically an account of profits or restitutionary damages, were not available in support of a tort claim. Lewison J had already determined that there were no pure restitutionary claims; nor could a claim for exemplary damages be made because of the fines the cartelists had already paid.