By Nicholas Heaton
The English High Court has given important guidance on the territorial scope of EU cartel damages claims in two recent judgments, both concerning cases brought by the same group of claimants. These cases both addressed an issue that has arisen in a number of recent cartel damages claims: Can claims for breach of EU competition law be made in respect of purchases made outside the EU? Claimants have sought to adopt novel arguments in order to bring such claims in an attempt to bring in one place claims concerning worldwide purchases. The first of these judgments makes clear what claims cannot be made and the second highlights two theoretically possible claims that could be made, but which may be difficult to prove.
