The England and Wales Court of Appeal rules that a cartelist cannot avoid the jurisdiction of a national court on the basis that the victim of the cartel had purchased the relevant product or service via a subsidiary or other third party (Deutsche Bahn / Morgan Advanced Materials)

The Court of Appeal on Cartels and Conflicts* The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities. The decision in Deutsche Bahn concerned follow-on damages proceedings before the CAT arising out of a cartel in relation to electrical and mechanical carbon and graphite products (see the decision of the European Commission here). The central issue before the Court of Appeal (on an application for

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  • Blackstone Chambers (London)

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Jason Pobjoy, The England and Wales Court of Appeal rules that a cartelist cannot avoid the jurisdiction of a national court on the basis that the victim of the cartel had purchased the relevant product or service via a subsidiary or other third party (Deutsche Bahn / Morgan Advanced Materials), 20 November 2013, e-Competitions Bulletin Burden of proof, Art. N° 60668

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