October 16, 2015
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On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not entitled to disclose the Commission’s unredacted decision even into a confidentiality ring if the decision contained so called “Pergan” material. Second, the CoA struck out claims on economic torts amounting to approximately 60% of the claim. The CoA’s reasoning will make it very difficult, if not impossible, for claimants to bring such claims in the future, substantially reducing potential damages in cartel damages claims.