Media-Saturn Holding GmbH & Ors v Toshiba Information Systems (UK) Ltd & Ors [2019] EWHC 1095 (Ch) (02 May 2019)

Media-Saturn Holding GmbH & Ors v Toshiba Information Systems (UK) Ltd & Ors [2019] EWHC 1095 (Ch) (02 May 2019)

The court held that the claims against TIS and PE should not be struck out or summarily dismissed at this stage. The pleadings, though reliant on attribution grounds and subject to information asymmetry, were sufficiently arguable to proceed to trial, particularly given the complexity of competition claims and the...

Source-derived case information.

Citation
[2019] EWHC 1095 (Ch)
Parties
Claimants/respondents: Media-Saturn Holding GmbH & Others; Defendant/applicant: Toshiba Information Systems (U.K.) Limited; Defendant/applicant: Toshiba Electronics Europe GmbH; Defendant/applicant: Toshiba Europe GmbH; Defendant/applicant: Panasonic Europe B.V.; Defendant/applicant: Panasonic Marketing Europe GmbH; Defendant/applicant: Panasonic Industry Europe GmbH
Jurisdiction
England and Wales
Judgment Date
02 May 2019
Procedural Posture
Strike Out/summary Judgment Applications in Competition Damages Claims / Interlocutory (pre Trial)
Outcome
Applications to strike out and for summary judgment dismissed; claims to proceed to trial.
Legal Topics
Cartel Damages, Article 101 TFEU, Economic Torts, Strike Out Applications, Summary Judgment, Jurisdiction, Attribution of Liability, Decisive Influence, Provimi Ground
Competition Law Tort Law Civil Procedure Cartel Damages Article 101 TFEU Economic Torts Strike Out Applications Summary Judgment +4 more

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Summary, issues, holding and outcome

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Parties

Media-Saturn Holding GmbH & Others

Claimants/respondents

Toshiba Information Systems (U.K.) Limited

Defendant/applicant

Toshiba Electronics Europe GmbH

Defendant/applicant

Toshiba Europe GmbH

Defendant/applicant

Panasonic Europe B.V.

Defendant/applicant

Panasonic Marketing Europe GmbH

Defendant/applicant

Panasonic Industry Europe GmbH

Defendant/applicant

Procedural Posture

Strike Out/summary Judgment Applications in Competition Damages Claims / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether claims against TIS and PE disclose reasonable grounds or have real prospect of success
  2. 2 Whether English court has jurisdiction over foreign defendants
  3. 3 Whether economic tort claims are arguable under English law

Ratio Decidendi

The court held that the claims against TIS and PE should not be struck out or summarily dismissed at this stage. The pleadings, though reliant on attribution grounds and subject to information asymmetry, were sufficiently arguable to proceed to trial, particularly given the complexity of competition claims and the need for disclosure. The economic tort claims were also not so unarguable as to warrant summary disposal. Jurisdictional challenges were rejected as premature, contingent on the outcome of the anchor defendant applications.

Court Disposition

Applications to strike out and for summary judgment dismissed; claims to proceed to trial.

Orders

  • Claims against TIS and PE not struck out or summarily dismissed.
  • Jurisdictional challenges by TEEG, TEG, PME, and PI rejected at this stage.