The High Court, in Devinish Nutrition Ltd and others -v- Sanofi-Aventis SA and others, has provided clarification on the level of damages available to any victim of anti-competitive conduct. The case involved a claim for damages by victims of a cartel in the vitamins market based on the European Commission's (Commission) vitamins cartel decision in January 2000. The claimants were all purchasers of the vitamins during the period of the cartel. The High Court ruled that the claimants would be entitled to compensatory damages, but ruled out the possibility of exemplary damages on the basis that the defendants had already been fined by the Commission. The court considered that the grant of exemplary damages would conflict with the rule against double jeopardy and also conflict with the incentive effect of the leniency programme for whistleblowers. It will be interesting to see if the Competition Appeal Tribunal will follow the same line, as it is still to determine its method for calculating the awards in damages actions brought before it under new rules established by the Enterprise Act 2002. Furthermore, the ruling comes at a particularly opportune moment since both the Office of Fair Trading in the UK and the Commission are currently consulting on methods of calculating damages in anti-trust cases.