The Competition Appeal Tribunal (CAT) has struck out Emerson Electric Co and others’ (Claimants) claim for damages against a UK subsidiary of a cartel participant. The CAT has also refused the Claimants leave to appeal. In 2003 the European Commission found that six companies had been operating a price-fixing and market sharing cartel in carbon and graphite products. The Claimants brought a follow-on damages action in the CAT against the cartel participants, including Le Carbone Lorraine SA and its UK subsidiary, Le Carbone (Great Britain) Limited (Carbone GB). In March 2011 the CAT struck out the claim against the UK subsidiary because the infringement decision was only addressed to the parent company, Le Carbone Lorraine SA and no mention was made of the UK subsidiary. Consequently the CAT concluded that the Claimants could not base their claim against the UK subsidiary on a “decision of the European Commission”. The CAT refused the Claimants permission to appeal this decision as it did not consider an appeal to have a real prospect of success. This case highlights the importance of correctly identifying defendants when bringing follow-on actions in the CAT.