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.

View full article, Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based Claims