WH Newson Holding Ltd v IMI Plc and others [2013] EWCA Civ 1377, [2013] All ER (D) 124 (Nov)
Court of Appeal, Civil Division, Arden, Patten and Beatson LJJ, 12 November 2013
Section 47A of the Competition Act 1998 (CA 1998) permits a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action can be established by infringement findings in the Commission’s decision
Thomas de la Mare QC and Tristan Jones (instructed by Hausfield & Co LLP) for the claimants. Paul Harris QC and Rob Williams (instructed by Pinsent Masons LLP) for the defendants.
The defendant group of companies was a supplier of copper plumbing tubes. The claimant group of companies purchased copper plumbing supplies from the defendant. The European Commission found that the defendants had been parties to an international cartel, contrary to Art 101 of the Treaty on the Functioning of the European Union (TFEU). According to the Commission’s decision, the defendants had entered into a cartel.
in order to distort competition and thereby to promote their own interests. There was no suggestion of any intention
