Sandisk Corporation v Koninklijke Philips Electronics NV & Ors [2007] EWHC 332 (Ch) (27 February 2007)

Sandisk Corporation v Koninklijke Philips Electronics NV & Ors [2007] EWHC 332 (Ch) (27 February 2007)

The English court lacks substantive jurisdiction under Article 5(3) of the Brussels Regulation because neither the alleged abusive acts nor immediate harm occurred in England and Wales; the alleged abuses, including licensing practices and enforcement actions, did not originate or cause direct loss in the jurisdiction. The court also lacks jurisdiction to grant interim relief under Article 31, as there is no real connecting link between the subject-matter of the relief sought and England and Wales. The proper forum for these disputes is in the Member States where the acts occurred and where the defendants are domiciled.

Citation
[2007] EWHC 332 (Ch)
Parties
Claimant: SanDisk Corporation; First Defendant: Koninklijke Philips Electronics N.V.; Second Defendant: France Télécom S.A.; Third Defendant: TDF; Fourth Defendant: Institut für Rundfunktechnik GmbH; Fifth Defendant: Societá Italiana per lo Sviluppo dell'Elettronica S.P.A. (Sisvel)
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Jurisdictional Challenge and Application for Interim Relief in Competition Law Claim / High Court (chancery Division) Judgment on Preliminary Issues of Jurisdiction and Interim Relief
Outcome
Claim dismissed for lack of jurisdiction
Legal Topics
Abuse of Dominant Position, Jurisdiction Under Brussels Regulation, Interim Relief, Patent Licensing, Tying Practices, Border Detention Orders, Article 81 EC Treaty, Article 82 EC Treaty, Competition Act 1998
Competition Law Intellectual Property Law Civil Procedure European Union Law Abuse of Dominant Position Jurisdiction Under Brussels Regulation Interim Relief Patent Licensing +5 more

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Parties

SanDisk Corporation

Claimant

Koninklijke Philips Electronics N.V.

First Defendant

France Télécom S.A.

Second Defendant

TDF

Third Defendant

Institut für Rundfunktechnik GmbH

Fourth Defendant

Societá Italiana per lo Sviluppo dell'Elettronica S.P.A. (Sisvel)

Fifth Defendant

Procedural Posture

Jurisdictional Challenge and Application for Interim Relief in Competition Law Claim / High Court (chancery Division) Judgment on Preliminary Issues of Jurisdiction and Interim Relief

Legal Issues

  1. 1 Whether the English court has substantive jurisdiction under Article 5(3) of the Brussels Regulation to hear SanDisk's competition law claims
  2. 2 Whether the English court has jurisdiction to grant interim relief under Article 31 of the Brussels Regulation
  3. 3 Whether the alleged abuses by the defendants cause immediate harm in England and Wales

Ratio Decidendi

The English court lacks substantive jurisdiction under Article 5(3) of the Brussels Regulation because neither the alleged abusive acts nor immediate harm occurred in England and Wales; the alleged abuses, including licensing practices and enforcement actions, did not originate or cause direct loss in the jurisdiction. The court also lacks jurisdiction to grant interim relief under Article 31, as there is no real connecting link between the subject-matter of the relief sought and England and Wales. The proper forum for these disputes is in the Member States where the acts occurred and where the defendants are domiciled.

Court Disposition

Claim dismissed for lack of jurisdiction

Orders

  • The court declines jurisdiction over the substantive competition law claims under Article 5(3) of the Brussels Regulation.
  • The court declines to grant interim relief under Article 31 of the Brussels Regulation.