This is the Tribunal's judgment as to quantum of the Claimant's damages following the Tribunal’s judgment as to liability in these proceedings ([2019] CAT 20) (“the Judgment”).
The Claimant's case at the trial of the damages claim was that, as a result of the infringement of competition law found by the Tribunal in the Judgment, it was prevented from providing supplier assurance which it was entitled to provide and that it has consequently lost profits and will continue to do so. The Claimant sought damages in the sum of £12,061,968.
The Defendant accepted that the Claimant had suffered some losses which it quantified at between £581,081 and £1,817,704. The differences between the parties’ calculations of the Claimant's losses were largely a reflection of the differing assumptions made concerning the counterfactual scenario which would have existed, but for the infringement.
For the reasons set out in the judgment, the Tribunal has awarded the Claimant damages in the sum of £3,874,077.