Devenish Nutrition Ltd v Sanofi-Aventis SA and Ors

Mr Justice Lewison has handed down judgment in a case concerning whether a party allegedly harmed by a cartel can seek restitution, an account of profits or exemplary damages from the cartel.This is the first case to explore in any detail the types of remedy that are available against those participating in a cartel, and the forms of loss recoverable.

The Court ruled that no restitutionary remedies (i.e. an account of profits or restitutionary damages) were available for a simple breach of Art.81 EC, whether to direct or indirect purchasers of the cartelised product; the Court would not award exemplary damages, because (a) they were not available in law; or (b) should not be awarded as a matter of discretion, where the cartelists had already been subjected to very substantial fines or had benefited from the European Commission’s Leniency Programme for whistleblowers.

Tom de la Mare and Brian Kennelly represented the first, second and third Defendants.