English high court orders disclosure of leniency materials *

European Union, United Kingdom - April 5 2012
Materials created for and provided to the European Commission as part of a leniency application may have to be disclosed to damages claimants in the English courts.

Co-authors: Jennifer Reeves, Nicholas Frey, Jon Lawrence.

Claimants must prove causation of loss in follow-on claims *

United Kingdom - January 19 2011
The Court of Appeal has upheld the decision of the Competition Appeal Tribunal (CAT), denying Enron Coal Services' (Enron) claim for damages from English Welsh & Scottish Railway (EWS) (Enron Coal Services (In Liquidation) v English Welsh & Scottish Railway [2011] EWCA Civ 2).

Co-authors: Jon Lawrence, David Howe, Bea Tormey.

No privilege for in-house counsel in European Commission competition investigations *

European Union - September 14 2010
In this judgment in Case C-550/07 Akzo Nobel, the European Court of Justice (ECJ) has confirmed that legal professional privilege (LPP) will not protect communications between an undertaking and its in-house lawyers during European Commission competition investigations.

Co-authors: Jon Lawrence, Onno Brouwer.

Claimants have to prove causation of loss in follow-on damages claims *

United Kingdom - December 22 2009
Following the first trial of a follow-on damages claim before the Competition Appeal Tribunal (CAT), Enron has lost its claim against EWS (Enron Coal Services (In Liquidation) v English Welsh & Scottish Railway).

Co-authors: Jon Lawrence, Bea Tormey.