21/12/2009 - Enron v EWS - historic CAT judgment

The Competition Appeal Tribunal has handed down its judgment in the first claim for damages under the Enterprise Act 2002 following on from a regulatory decision ever to go to trial.  Enron Coal Services Ltd (in liquidation) brought a clam for damages against English Welsh & Scottish Railways Ltd, claiming that as a result of EWS's infringements of the Competition Act 1998 found by the Office of the Rail Regulator, Enron had been deprived of a real chance of winning a contract for the supply of coal to power stations owned by Edision Mission Energy from 2001 to 2004.  The Tribunal has dismissed Enron's claim, finding that it was unable to make out its case on causation at trial.  Enron's other claims against EWS have all been struck out or withdrawn.