Samsung Electronics Co. Ltd & Ors. v LG Display Co. Ltd & Anor.

Samsung Electronics Co. Ltd & Ors. v LG Display Co. Ltd & Anor.

The judge did not err in principle in concluding that England was not clearly the appropriate forum for the contribution claim. The factors connecting the claim to England were outweighed by the need to determine relative culpability, which would require evidence and witnesses located in the Far East. The judge was entitled to find that the issue of relative responsibility was not determined by the Commission Decision and that the question of forum conveniens was properly decided on the submissions and evidence before him.

Parties
Appellant/claimant: Samsung Electronics Co. Ltd; Appellant/claimant: Samsung Electronics Taiwan Co. Ltd; Appellant/claimant: Samsung Electronics (UK) Ltd; Appellant/claimant: Samsung Semiconductor Europe Ltd; Appellant/claimant: Samsung Display Co Ltd; Respondent/defendant: LG Display Co. Ltd; Respondent/defendant: LG Display Taiwan Co. Ltd
Jurisdiction
England and Wales
Judgment Date
01 April 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Forum Conveniens and Service Out of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Contribution Claims, Jurisdiction and Forum Conveniens, Follow on Damages Actions, Cartel Liability, Binding Effect of Commission Decisions
Competition Law Private International Law Civil Procedure Contribution Claims Jurisdiction and Forum Conveniens Follow on Damages Actions Cartel Liability Binding Effect of Commission Decisions

Case Brief

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Parties

Samsung Electronics Co. Ltd

Appellant/claimant

Samsung Electronics Taiwan Co. Ltd

Appellant/claimant

Samsung Electronics (UK) Ltd

Appellant/claimant

Samsung Semiconductor Europe Ltd

Appellant/claimant

Samsung Display Co Ltd

Appellant/claimant

LG Display Co. Ltd

Respondent/defendant

LG Display Taiwan Co. Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Forum Conveniens and Service Out of Jurisdiction

Legal Issues

  1. 1 Whether England is clearly the appropriate forum for a contribution claim under the Civil Liability (Contribution) Act 1978 following settlement of a cartel damages claim
  2. 2 Whether the findings of the European Commission Decision are binding on the issue of relative culpability between cartelists in contribution proceedings
  3. 3 Whether the judge erred in principle in his approach to forum conveniens for contribution claims arising from torts committed abroad

Ratio Decidendi

The judge did not err in principle in concluding that England was not clearly the appropriate forum for the contribution claim. The factors connecting the claim to England were outweighed by the need to determine relative culpability, which would require evidence and witnesses located in the Far East. The judge was entitled to find that the issue of relative responsibility was not determined by the Commission Decision and that the question of forum conveniens was properly decided on the submissions and evidence before him.

Court Disposition

Appeal dismissed