Arkin v Borchard Lines Ltd. & Ors [2003] EWHC 687 (Comm) (10 April 2003)

Arkin v Borchard Lines Ltd. & Ors [2003] EWHC 687 (Comm) (10 April 2003)

The court held that the liner conferences collectively held a dominant position in the relevant container shipping market during the relevant period, but the claimant failed to prove that the conferences' conduct (including alleged predatory pricing, use of fighting ships, and rumour-mongering) constituted an abuse of that position under Article 82 EC or that any breach of Article 81 EC caused the claimant's losses. The claimant's losses were caused by its own pricing decisions and insolvency, not by the defendants' conduct.

Citation
[2003] EWHC 687 (Comm)
Parties
Claimant: Yeheskel Arkin; 1st Defendant: Borchard Lines Limited; 2nd Defendant: Ellerman Lines (now Camomile Lines); 3rd Defendant: Furness Withy; 1st and 6th Part 20 Defendant: Zim; 3rd Part 20 Defendant: DNOL; 5th Part 20 Defendant: KNSM; Part 20 Defendant: ISCONT; Part 20 Defendant: CIS
Jurisdiction
England and Wales
Judgment Date
10 April 2003
Procedural Posture
Commercial Court Trial / Final Judgment After Full Trial
Outcome
Claim dismissed
Legal Topics
Abuse of Dominant Position, Predatory Pricing, Block Exemption, Market Definition, Causation, Article 81 EC, Article 82 EC
Competition Law European Union Law Commercial Law Abuse of Dominant Position Predatory Pricing Block Exemption Market Definition Causation +2 more

Case Brief

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Parties

Yeheskel Arkin

Claimant

Borchard Lines Limited

1st Defendant

Ellerman Lines (now Camomile Lines)

2nd Defendant

Furness Withy

3rd Defendant

Zim

1st and 6th Part 20 Defendant

DNOL

3rd Part 20 Defendant

KNSM

5th Part 20 Defendant

ISCONT

Part 20 Defendant

CIS

Part 20 Defendant

Procedural Posture

Commercial Court Trial / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants (liner conferences) held a dominant position in the relevant market under Article 82 EC
  2. 2 Whether the defendants abused any dominant position by predatory pricing, use of 'fighting ships', and spreading rumours
  3. 3 Whether the defendants' conduct breached Article 81 EC and fell outside the Block Exemption

Ratio Decidendi

The court held that the liner conferences collectively held a dominant position in the relevant container shipping market during the relevant period, but the claimant failed to prove that the conferences' conduct (including alleged predatory pricing, use of fighting ships, and rumour-mongering) constituted an abuse of that position under Article 82 EC or that any breach of Article 81 EC caused the claimant's losses. The claimant's losses were caused by its own pricing decisions and insolvency, not by the defendants' conduct.

Court Disposition

Claim dismissed

Orders

  • Claim for damages dismissed
  • No order for exemplary damages