The UK Court of Appeal dismisses appeal against High Court ruling in cartel damages claim (Cooper Tire and Rubber / Dow Deutschland)

1. Summary 1.1. On 23 July 2010, the Court of Appeal dismissed an appeal against a judgement by the High Court where it declined to suspend proceedings based on a European Commission (the "Commission") cartel decision, where related proceedings based on the same decision were already taking place in the Italian courts. 1.2. The Court of Appeal agreed with the decision of the High Court that, even though the defendants were not addressees of the cartel decision of the Commission (instead they were subsidiaries of the addressees), there was a valid claim against those defendants that were domiciled in England. The claims against the defendants that were not domiciled in England could, therefore, also be heard in the English courts under Article 6(1) of the Brussels Regulation. 1.3.

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  • Shoosmiths (Thames Valley)

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Simon Barnes, The UK Court of Appeal dismisses appeal against High Court ruling in cartel damages claim (Cooper Tire and Rubber / Dow Deutschland), 23 July 2010, e-Competitions July 2010, Art. N° 32669

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