Judgment (Limitation point)

Judgment of the Tribunal on the application of the Foreign Limitation Periods Act 1984 (the “FLPA”) to claims brought pursuant to section 47A of the Competition Act 1998 (the “CA 98”). The question arose for determination as a preliminary issue in Case 1244/5/7/15 and on applications brought by the defendants in Case 1240/5/7/15, and was heard jointly. The Tribunal held that on the assumption that foreign laws apply to the claims under section 47A of the CA 98 as alleged, the foreign rules relating to limitation apply in respect of those claims pursuant to section 1 of the FLPA.