WH Newson Holding Ltd & Ors v IMI Plc & Ors

Tom de la Mare QC and Tristan Jones (instructed by Hausfeld & Co LLP) for the Claimants Paul Harris QC and Rob Williams (instructed by Pinsent Masons LLP) for 1st and 2nd Defendants Ben Rayment (instructed by Hill Hofstetter LLP) for 3rd Defendants Hearing dates: 26 October 2012 ____________________

i) a claim to which the section applies may be made in proceedings brought in the CAT, but only once a decision by the OFT (or the CAT on appeal from the OFT) or by the EU Commission "has established that the relevant prohibition in question has been infringed": sect 47A(4),(5)(a) and (6);

ii) further, no such claim may be brought, except with permission of the CAT, until any appeal against that decision has been determined (or the time for bringing an appeal has expired if no appeal is brought): sect 47A(5)(b), (7) and (8);

iii) in determining the claim, the CAT is bound by the decision "which establishes that the prohibition in question has been infringed": sect 47A(9).

And further, at [60], he summarised the task of the CAT in this section 47A claim as being "to identify the findings of infringement and award damages for any loss or damage which they have caused."