Judgment of the Tribunal in connection with a claim for damages by 2 Travel Group PLC (in liquidation) (“2 Travel”) against Cardiff City Transport Services Limited, trading as Cardiff Bus (“Cardiff Bus”), under section 47A of the Competition Act 1998. The claim was based on a finding by the Office of Fair Trading that Cardiff Bus had infringed the Chapter II prohibition by engaging in predatory conduct against 2 Travel which amounted to an abuse of its dominant position in the relevant markets (“the Infringement”).
By its claim for damages, 2 Travel contended that it had suffered loss and damage, by reason of the Infringement. The claim comprised six broad heads: (i) loss of profits; (ii) loss of a capital asset, namely the business of 2 Travel as a going concern; (iii) loss of a commercial opportunity, namely the ability to benefit from the increase in value and development potential of certain land in Swansea; (iv) wasted staff and management time expended by 2 Travel during the Infringement; (v) costs relating to 2 Travel’s liquidation; (vi) exemplary damages. 2 Travel claimed interest on these damages.
For the reasons given in the Judgment, the Tribunal:
• Awarded damages to 2 Travel in respect of its claim for lost profits in the amount of £33,818.79, together with interest on this sum at a rate of 2% above the Bank of England base rate from 1 August 2004.
• Rejected 2 Travel’s claims for loss of a capital asset, loss of a commercial opportunity, wasted staff and management time and liquidation costs.
• Awarded exemplary damages to 2 Travel in the sum of £60,000.
