On 14 October 2008, the Court of Appeal upheld the High Court decision in Devenish Nutrition Ltd v Sanofi Aventis SA (France) that restitutionary remedies (based on stripping the wrongdoer of the profit it made) are only available in exceptional circumstances in relation to cartel cases. Following the European Commission's vitamin cartel decision in 2001, Devenish bought a "follow-on" action for damages or a restitutionary award, claiming the award should be equal to the "overcharge" or amount of the defendant's wrongful net profit. Devenish further argued that evidential difficulties of proving actual loss made compensatory damages an inadequate remedy. The Court of Appeal did not accept the argument, holding that "exceptional circumstances" would have to be evident for a restitutionary award to be given. Furthermore, the Court of Appeal considered that provision of a share of profits would give Devenish an unjustified windfall, since Devenish had passed the overcharge on to its purchasers. The judgment is significant in that it identifies the limits for cartel victims seeking "follow on" damages.