“…gly on Pergan both in the General Court and as discussed and applied by the Court of Appeal in Emerald Supplies Ltd and others v British Airways plc and others [2015] EWCA Civ 1024, [2016] Bus LR 145 (‘Emerald’). In fact it seems to me that these authorities are against the Appellants rather than supporting their arguments. The dispute in…”
“… Mr Green did not identify any authority or principle of EU law which would support such a conclusion. In Emerald Supplies Ltd v British Airways plc(Nos 1 & 2) [2015] EWCA Civ 1024; [2016] Bus LR 145, para 73, the Court of Appeal described as a “misguided approach” an argument that a breach by the Commission of its duty to cooperate with …”
“… Masterfoods Ltd v HB Ice Cream Ltd (Case C-344/98) [2001] All ER (EC) 130; [2000] ECR I-11369, para 49; Emerald Supplies Ltd v British Airways plc (Nos 1 & 2) [2015] EWCA Civ 1024; [2016] Bus LR 145, para 70. Before the Commission has made a decision, it is not known exactly what its terms will be. In such circumstances it makes sense fo…”