The UK High Court refuses to delay a jurisdiction hearing in a cartel case until after an Italian Court of Appeal rules on its part of the same cartel case (Cooper Tire & Rubber / Shell Chemicals)

As reported in our article Italian Torpedo defused? Tactical moves in private actions for damages, a number of claimants are seeking damages - possibly amounting to some tens of millions of pounds - in the Commercial Court of the High Court in a follow on action to the synthetic rubber cartel. Some five months before the English proceedings were launched, three companies in the Italian ENI group had sought declarations in the Italian courts that the cartel did not exist, or if it did exist, then they were not part of it, and that in any event, no losses had been caused by the cartel. A number of the defendants in the English proceedings intervened in the Italian proceedings in May 2008. Some of the defendants applied to challenge the jurisdiction of the English court (on the grounds

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  • Simmons & Simmons (London)

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Tony Woodgate, The UK High Court refuses to delay a jurisdiction hearing in a cartel case until after an Italian Court of Appeal rules on its part of the same cartel case (Cooper Tire & Rubber / Shell Chemicals), 27 October 2009, e-Competitions October 2009, Art. N° 77295

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