Arkin v Borchard et al

Case no: 1997 Folio No 956

Notified by: Fergus Randolph

Notifier's role in case: Counsel for Part 20 Defendant in later stages of the case

Email address: randolph@brickcourt.co.uk

Court: Commercial Court

Judge: Colman J

Date of judgment: 19th June 2001

Counsel: Nicholas Green QC and Roger Masefield for Claimant; Peter Irvin for First Defendant; Stephen Gee QC and Hugh Mercer for 2nd - 4th Defendants

Solicitors: Singletons for Claimant; Constant & Constant for First Defendant; Davies Arnold Cooper for 2nd - 4th Defendants

Competition issue: the state of knowledge required by certain members of a shipping conference to involve them in liability for anti-competitive conduct by another member's activities of which the others have no knowledge

Result: the law was in a state of development; the outcome would depend on the facts.  In the present case, serious questions were raised so as to cause an application to strike out this section of the case - NB during the course of the actual trial, this ancillary market issue was dropped

Where case will be published:
[2001] C.P. Rep. 108
Arkin and Borchard [2002] UKCLR 150

Contact for further information: Fergus Randolph

Back to: 2001