On the 16 November 2007, the Competition Appeal Tribunal (CAT) granted permission to Emerson Electric Co. (Emerson) to make a claim for damages against Morgan Crucible for infringements of Article 81 EC. Damages can be claimed under Article 47A of the Competition Act 1998 by a person who has suffered loss as a result of an infringement of EU or UK competition laws. In December 2003, the European Commission (Commission) found that Morgan Crucible had participated in a cartel with five other carbon and graphite producers. Morgan Stanley was given leniency under the Commission’s leniency programme for cooperation and consequently had not been fined. Emerson has lodged its claim on the basis that any further delay in the proceedings would prejudice the its case and increase the risk that vital documentation would be lost. Although Morgan Stanley agreed to give undertakings that all relevant documents would be preserved, the CAT held that such undertakings were insufficient and permitted the claim to proceed. The CAT also rejected Morgan Crucible’s arguments that the claim should be dismissed because of the existence of a US settlement agreement.