Jurisdiction(s):
United Kingdom

England and Wales High Court orders disclosure of confidential European Commission cartel decision within a confidentiality ring, balancing Pergan rights and claimants’ access in follow-on damages claims

Published on: 11 November 2014

Published by a LexisNexis Competition expert

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Article summary

News analysis Emerald Supplies Ltd v British Airways plc [2014] EWHC 3513 (Ch), [2014] All ER (D) 340 (Oct)

During proceedings about the defendant airline’s alleged participation in a cartel, the European Commission adopted a decision. A dispute arose over whether a redacted version of that decision should be made available to the parties for inspection and use in the case. The Chancery Division determined that a confidentiality ring between the parties ought to be established, permitting circulation of the decision among its members, together with a safeguard preventing the claimants from using it to launch any further proceedings.

What is the background to this matter and the competing interests concerning disclosure of the Commission’s decision? The claim is brought by 565 claimants, following the European Commission’s air cargo cartel decision. In a press release dated 9 November 2010, the Commission announced that 11 air cargo carriers had been fined a total of €799,445,000 for operating a worldwide cartel affecting cargo services within the EEA. The press release was brief—just three pages—and contained only limited information about the cartel, offering minimal detail on the conduct and scope as summarised in the announcement. The claimants issued proceedings on the basis thereof...

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