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Court of Appeal applies Brussels Regulation in cartel follow on damages claims


On 20 November 2011 the Court of Appeal handed down judgment in Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484, in which it considered the application of the Brussels Regulation in the context of multi-party follow on damages claims before the Competition Appeal Tribunal.

The central issue was whether the Competition Appeal Tribunal could derive jurisdiction over the claims of the UK Claimants from Article 5.3 of the Brussels Regulation on the basis that the UK was the place where the anticompetitive damage occurred.  The Court of Appeal held that damage allegedly suffered by an indirect purchaser was sufficient to found jurisdiction under Article 5.3.

The Court of Appeal also confirmed that taking steps in the proceedings at the direction of the Tribunal in response to the UK Claimants' claims would not amount to entering an appearance for the purposes of Article 24 of the Regulation so as to jeopardise the Defendants' challenge to the Tribunal's jurisdiction in respect of the remaining non-UK Claimants' claims.

The judgment is here.

Mark Hoskins QC was instructed by Freshfields Bruckhaus Deringer LLP for the 4th Appellant/Defendant.

Sarah Ford was Junior Counsel instructed by Hogan Lovells International Ltd for the 5th Appellant/Defendant.