UK High Court Rules In Pan-European Cartel Case

by Robin Pilgrim, LawAndTax-News.com, London

08 May 2003

Reports have suggested that the UK courts could become the favoured location for the resolution of cross-border European cartel litigation, following a recent High Court ruling.

The LMG news service reported this week that the decision will clear the way for those affected by price-fixing cartels to sue in the UK for damages that they have suffered at the hands of overseas firms, rather than attempt to manage litigation in several different jurisdictions.

Proceedings against drug companies F Hoffmann-La Roche and Aventis over their participation in a vitamin price-fixing cartel were begun a year ago, and reportedly include claims on behalf of a German subsidiary of one of the plaintiffs, which purchased vitamins from the German subsidiary of one of the members of the cartel.

Although the defendants challenged the legitimacy of claims related to business between two German firms being heard by an English court, Mr Justice Aikens, ruling in the High Court, announced that jurisdiction should be granted to the court if the subsidiary in question helped to operate the cartel in the UK.

Linklaters partner, Diana Good, who advised the plaintiffs, suggested to LMG that:

'I can now see the English courts becoming the forum of choice for victims of Europe-wide cartels.'

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