The UK High Court declines to issue a stay against a damage claim brought by tire manufacturers seeking redress from members of an alleged Butadiene Rubber and Emulsion Styrene Butadiene Rubber cartel (Cooper Tire & Rubber Company / Shell Chemicals)

The High Court of England and Wales has declined to issue a stay against a damage claim brought by tyre manufactures seeking redress from members of an alleged Butadiene Rubber and Emulsion Styrene Butadiene Rubber cartel. Background The damage claim brought by the tyre manufacturers follows on from the decision by the European Commission of the European Communities dated 29 November 2006 in Case COMP/F/38.638 -Butadiene Rubber (“BR”) and Emulsion Styrene Butadiene Rubber (“ESBR”). The addressees of the decision were all companies in the Bayer, Dow, Eni, Shell, Kauèuk and Trade-Stomil groups, none of which are domiciled in England. Eni was held to be the ringleader of the alleged cartel. In February 2007, all the addressees of the decision, with the exception of Bayer which was awarded