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Analysis & trends
UK Supreme Court confirms that time limits for damages claims run against individual cartel members separately
Under the UK Competition Act 1998, the limitation period for a private law damages claim is two years. Such claims typically follow a decision of the European Commission or Office of Fair Trading in the UK that there has been an infringement of competition law, and if that decision is appealed, the outcome of any appeal is unlikely to be known within that two-year period. So what should potential claimants do if one cartelist appeals but the others do not, and when can potential defendant cartel members be secure in the knowledge that any claim against them, if not already made, will be time-barred?