Judgment on the claimant’s application for an interim payment pursuant to Rule 46 of the Tribunal’s Rules on account of the damages that the Tribunal might hold the defendant liable to pay.
The Tribunal found that, on a true construction of section 47A of the Competition Act 1998, the damages which could be claimed as a result of an infringement of the Chapter I and/or Chapter II prohibitions were not restricted to the period during which the OFT or the Tribunal had held that the relevant prohibition had been infringed.
The Tribunal was satisfied, on the basis of the material before it, that the claimant would be able to obtain a substantial amount of money in relation to its claim for damages against the defendant and granted the claimant an interim payment in the sum of £2 million.
This was the first time the Tribunal has ordered an interim payment in a damages claim under section 47A.
