An open verdict
Elson, J
An open verdict - 2001 - Estates Gazette (0142) 20 October 2001, 134(1) .
Considers the implications of the landmark European Court of Justice (ECJ) judgment in "Courage v Crehan" which found that a co-contractor can claim damages for breach of the EC Treaty Article 81. Article 81 disallows agreeements that prevent, restrict or distort competition between members of the EC. Illustrates how the judgment will affect English law with reference to the case "Passmore v Morland plc" and argues that the lack of clear ECJ guidelines means that certain issues will be contested. Concludes that the decision in "Crehan" is also likely to be applied to claims under the Competition Act 1998. Full copy of "Courage v Crehan" available on http://curia.eu.int/jurisp/cgi-bin/gettext.pl?lang=en&num=79989079C19990453&doc=T&ouvert=T&seance=ARRET&where=.
EC TREATY ARTICLE 81
EUROPEAN COURT OF JUSTICE
COURAGE V CREHAN
TINSLEY V MILLIGAN
PASSMORE V MORLAND
COMPETITION
BEER TIES
PUBLIC HOUSES
COMPETITION ACT 1998
DAMAGES
An open verdict - 2001 - Estates Gazette (0142) 20 October 2001, 134(1) .
Considers the implications of the landmark European Court of Justice (ECJ) judgment in "Courage v Crehan" which found that a co-contractor can claim damages for breach of the EC Treaty Article 81. Article 81 disallows agreeements that prevent, restrict or distort competition between members of the EC. Illustrates how the judgment will affect English law with reference to the case "Passmore v Morland plc" and argues that the lack of clear ECJ guidelines means that certain issues will be contested. Concludes that the decision in "Crehan" is also likely to be applied to claims under the Competition Act 1998. Full copy of "Courage v Crehan" available on http://curia.eu.int/jurisp/cgi-bin/gettext.pl?lang=en&num=79989079C19990453&doc=T&ouvert=T&seance=ARRET&where=.
EC TREATY ARTICLE 81
EUROPEAN COURT OF JUSTICE
COURAGE V CREHAN
TINSLEY V MILLIGAN
PASSMORE V MORLAND
COMPETITION
BEER TIES
PUBLIC HOUSES
COMPETITION ACT 1998
DAMAGES