Devenish Nutrition v Sanofi-Aventis (Court of Appeal)
First case where the Court of Appeal had to consider, under both English and EU law, whether a victim of a price cartel could seek to recover the profits made by the cartellists from the unlawful cartel.
The Court of Appeal (by a majority) held that it was precluded by a binding Court of Appeal judgment from granting a restitutionary award in this situation. The Court added that, even it was not so precluded, this was not an appropriate case for such an award. While the Court rejected an argument that EC law precluded a restitutionary award, it also found that EC law did not require a restitutionary award to be made available.
Christopher Vajda represented Devenish Nutrition.
To read the judgment, please click here.
For more information on the members involved, please click below:
Christopher Vajda QC
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