Roche Products Ltd. & Ors v Provimi Ltd

Roche Products Ltd. & Ors v Provimi Ltd

The court held that the claims for damages for breach of Article 81 EC Treaty were not excluded by the Swiss, German, or French jurisdiction clauses, as those clauses were not sufficiently broad under the applicable national law to cover tort claims for cartel damages based on secret price-fixing agreements. The claims disclosed arguable causes of action and causation, and all companies within the relevant 'undertaking' implementing the cartel could be liable. The applications to strike out or decline jurisdiction were dismissed.

Parties
Claimant/respondent: Provimi Limited; Claimant/respondent: Trouw (UK) Limited; Claimant/respondent: Trouw Nutrition Deutschland GmbH; Defendant/applicant: Roche Products Limited; Defendant/applicant: Roche Vitamine Europa AG (Switzerland); Defendant/applicant: F. Hoffmann-La Roche AG (Switzerland); Defendant/applicant: Hoffmann-La Roche AG (Germany); Defendant/applicant: Aventis Animal Nutrition SA (France); Defendant/applicant: Rhodia Limited; Defendant/applicant: Aventis SA (France); Defendant/applicant: Rhodia GmbH (Germany)
Jurisdiction
England and Wales
Judgment Date
02 May 2003
Procedural Posture
Commercial Court Civil Claims (competition Law Damages) / Ruling on Applications to Strike Out Claims And/or Decline Jurisdiction Based on Jurisdiction Clauses and Lack of Arguable Case
Outcome
Applications to strike out claims and/or decline jurisdiction dismissed. Claims may proceed in England.
Legal Topics
Article 81 EC Treaty (now Article 101 Tfeu), Jurisdiction Under Brussels Regulation and Lugano Convention, Jurisdiction Clauses, Breach of Statutory Duty, Cartel Damages, Strike Out Applications
Competition Law Private International Law Civil Procedure Article 81 EC Treaty (now Article 101 Tfeu) Jurisdiction Under Brussels Regulation and Lugano Convention Jurisdiction Clauses Breach of Statutory Duty Cartel Damages +1 more

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Parties

Provimi Limited

Claimant/respondent

Trouw (UK) Limited

Claimant/respondent

Trouw Nutrition Deutschland GmbH

Claimant/respondent

Roche Products Limited

Defendant/applicant

Roche Vitamine Europa AG (Switzerland)

Defendant/applicant

F. Hoffmann-La Roche AG (Switzerland)

Defendant/applicant

Hoffmann-La Roche AG (Germany)

Defendant/applicant

Aventis Animal Nutrition SA (France)

Defendant/applicant

Rhodia Limited

Defendant/applicant

Aventis SA (France)

Defendant/applicant

Rhodia GmbH (Germany)

Defendant/applicant

Procedural Posture

Commercial Court Civil Claims (competition Law Damages) / Ruling on Applications to Strike Out Claims And/or Decline Jurisdiction Based on Jurisdiction Clauses and Lack of Arguable Case

Legal Issues

  1. 1 Whether English court has jurisdiction over claims for damages for breach of Article 81 EC Treaty where jurisdiction clauses exist in contracts
  2. 2 Whether claims should be struck out for lack of arguable case or causation
  3. 3 Whether claims for cartel damages fall within scope of Swiss, German, or French jurisdiction clauses

Ratio Decidendi

The court held that the claims for damages for breach of Article 81 EC Treaty were not excluded by the Swiss, German, or French jurisdiction clauses, as those clauses were not sufficiently broad under the applicable national law to cover tort claims for cartel damages based on secret price-fixing agreements. The claims disclosed arguable causes of action and causation, and all companies within the relevant 'undertaking' implementing the cartel could be liable. The applications to strike out or decline jurisdiction were dismissed.

Court Disposition

Applications to strike out claims and/or decline jurisdiction dismissed. Claims may proceed in England.

Orders

  • Claims by Trouw Germany against Roche UK and Rhodia UK not struck out; English court has jurisdiction over all defendants under Article 6(1) of Regulation 44/2001 or Lugano Convention.
  • Swiss, German, and French jurisdiction clauses do not preclude English jurisdiction over cartel damages claims.