It has been an established principle for some years that persons who have suffered loss as a result of competition law infringements may claim damages for the loss they have suffered as a result. However, until last week, no-one had yet succeeded in securing such damages from the UK courts.
Following a judgment by the Competition Appeal Tribunal (CAT) on 5 July 2012, that has now changed.
In 2008, the Office of Fair Trading (OFT) issued a decision finding that Cardiff Bus, an operator of public transport in and around Cardiff, had infringed the competition law prohibition of the abuse of a dominant market position.
Following the OFT's decision, 2 Travel claimed damages against Cardiff Bus before the CAT. Under the relevant rules, the OFT's decision was sufficient to prove the infringement.