What if, but for?

What if, but for?

Enron vs EWS

The first follow-on claim for damages to reach trial in the UK Competition Appeal Tribunal (CAT) was triggered by a finding of unlawful discrimination between customers by the Office of Rail Regulation (ORR). The claim was unsuccessful; and the case offered important insights into the standard of evidence required of claimants.

In particular, it illuminated the way a court will consider arguments about how parties might have behaved in a “but for” world - one in which competition law infringement had not taken place. Frontier’s Zoltan Biro provided expert economic evidence for the defendants.

 

What if, but for?