Emerald Supplies Ltd and others v British Airways plc and other applications

European Union – Rules on competition. As a matter of law, the claimant air freight shippers could not claim, against British Airways and others, damages arising from an alleged cartel insofar as it affected freight charges between the European Union and third countries on flights before 1 May 2004 (namely the date on which air transport between the EU and third countries had been brought within the regime implementing the EU competition rules set out in Council Regulation 1/2003). The claimants had no reasonable grounds for bringing a claim, and/or no real prospect of succeeding on a claim, based on, among other things, the alleged infringement of art 101 of the Treaty on the Functioning of the European Union in respect of the charges for air freight services provided by parties to a cartel to which British Airways had been a party on routes between the European Union and third countries for transactions entered into prior to 1 May 2004. The Chancery Division so ruled in a determination on preliminary issues.

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