Provimi and Nutreco v Aventis and others

Case no: Claim No.2002 Folio 470, Claim No.2002 Folio 475, Claim No.2002 Folio 473, Claim No.2002 Folio 476

Notified by: Michael Sanders

Notifier's role in case: Solicitor for the claimants/respondents

Email address: michael.sanders@linklaters.com

Postal address: Linklaters, One Silk Street, London, EC2Y 8HQ

Court: Commercial Court, Queens Bench Division, High Court of Justice 

Judge: Mr Justice Aikens

Date of judgment: 6 May 2003

Counsel: Christopher Carr QC and Derek Spitz (for the claimants/respondents in all four of the claims).  Thomas de la Mare and Brian Kennelly (for the defendants/applicants in Case No.2002 Folio 470 and Case No.2002 Folio 475).  Mark Hoskins (for the defendants/applicants in Case No.2002 Folio 473 and Case No.2002 Folio 476)

Solicitors: Linklaters (for the claimants/respondents in all four of the claims), Ashurt Morris Crisp (for the defendants/applicants in Case No.2002 Folio 470 and Case No.2002 Folio 475) and Freshfields Bruckhaus Deringer (for the defendants/applicants in Case No.2002 Folio 473 and Case No.2002 Folio 476)

Competition issue: Whether companies who have purchased cartel-affected products across Europe can choose to proceed against an English implementing subsidiary of a cartelist in respect of all European losses instead of having to pursue separate claims in multiple jurisdictions.   

Result: Where a subsidiary of a cartelist has, even if unknowingly, implemented a cartel in England, the English High Court has jurisdiction to hear claims by other European purchasers against the English subsidiary, even if there is no contractual relationship between the purchasing company and the English subsidiary.

Where case will be published: 2003 EWHC 961 (COMM)

Contact for further information: Michael Sanders

Back to: 2003