Cartel Damages in England: Exemplary Damages Rejected

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Jon Lawrence, Elaine Whiteford, Nov 07, 2007

In Devenish and others v Sanofi-Aventis and others, the English High Court recently held that exemplary damages are not available to claimants bringing actions against cartelists that have already been fined by the European Commission, even if their fine has been commuted due to an immunity or leniency application. Compensatory damages remain available and are the appropriate remedy.

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