Cooper Tire & Rubber Co Europe Ltd and others v Dow Deutschland Inc and others [2010] EWCA Civ 864, All ER (D) 291 (Jul)
Court of Appeal, Civil Division Longmore, Lloyd and Gross LJJ, 23 July 2010
The decision in Provimi Ltd v Roche Products [2003] 2 All ER (Comm) 683, All ER (D) 59 (May) is at least arguable either way and thus pending an appropriate reference to the ECJ, remains a sufficient basis on which to found jurisdiction under the Judgments Regulation.
Laurence Rabinowitz QC and Daniel Jowell (instructed by Linklaters LLP) for the appellants. David Foxton QC and Philippa Hopkins (instructed by S J Berwin LLP) for the respondents.
A decision of the European Commission (EC) in November 2006 found 13 companies (the addressees) guilty of an infringement of Art 81 EC in relation to the market for the supply of rubber. No addressee was domiciled in England. Fines were imposed. In July 2007, one addressee, Enichem, began proceedings in Italy against 28 defendants seeking a declaration from the Italian court that the cartel did not exist.
