The CAT finds overcharge on cables to London Array in the power cables cartel litigation
Hausfeld secured a win for its client London Array in its follow-on cartel damages claim in the Competition Appeal Tribunal (CAT). The claim arose from the European Commission’s Decision dated 2 April 2014 in Case AT.39610, Power Cables.
That Decision sanctioned a cartel concerning high-voltage submarine and underground power cables, which ran for almost a decade in total, from 1999 to 2009. The undertakings found by the Commission to have participated in the cartel included major European and Asian cable manufacturers, including Nexans, who supplied the submarine export cables to the London Array windfarm.
The claim, filed in July 2022, concerned cable supplies for London Array, which at the time of construction was the largest offshore wind farm in the world. The Claimants argued that the prices paid for the supply of submarine cables, tendered during the cartel period but awarded after the end of the cartel, were subject to an overcharge caused by the cartel.
The CAT judgments
In its judgment of 10 October 2025, the Competition Appeal Tribunal found that the Cartel indeed caused loss to London Array in the form of an overcharge, which was assessed at 5% for the export cables that connect the windfarm to the shore. The Tribunal found no evidence of an overcharge for the inter-array cables connecting the wind turbines which were supplied by a non-cartelist. The Tribunal additionally awarded simple interest on the damages based on the Bank of England base rate plus 2%.
In its second judgment of 30 October 2025, the CAT further found that the overcharge loss suffered by London Array would not have been avoided or passed on as a result of higher levels of subsidies under the Renewables Obligation scheme.
Managing Partner Nicola Boyle said:
“We welcome the Tribunal’s judgments which clearly establish that the cable cartel inflated the price of export cables for the London Array windfarm. The judgments also provide important guidance for follow-on damages claims and how the Tribunal will assess quantum, an area where in fact few cases have proceeded to trial in the UK.”
Partner Amandine Gueret added:
“We are very pleased with this outcome for London Array, having worked with our clients, counsel and expert teams side-by-side over the past three years. The judgments add further clarity and guidance as to the approach to be taken in future cases.”
Additional information
This result reflects the efforts and collaboration of the full team of our clients, the counsel team from Brick Court Chambers and experts from Oxera, alongside our own case team.
Media enquiries
Please contact Silvia Van den Bruel
svandenbruel@hausfeld.com or +44 20 7936 0921
