Cooper Tire & Rubber Company Europe Ltd & Ors v Dow Deutschland Inc & Ors [2010] EWCA Civ 864 (23 July 2010)

Cooper Tire & Rubber Company Europe Ltd & Ors v Dow Deutschland Inc & Ors [2010] EWCA Civ 864 (23 July 2010)

The particulars of claim were sufficient to establish a good arguable case against the UK anchor defendants, making the claims against the Dow Defendants closely connected for Article 6(1) purposes. The judge's refusal to stay proceedings under Article 28 was a proper exercise of discretion, given the advanced stage of English proceedings, the Europe-wide nature of the cartel, and the speculative nature of future Italian proceedings. The cross-appeal succeeded because the Lugano Convention did not require a stay for Dow Europe, as the Regulation applied between UK and Italy.

Citation
[2010] EWCA Civ 864
Parties
Respondents: Cooper Tire & Rubber Company Europe Limited & Ors; Appellants: Dow Deutschland Inc and Others
Jurisdiction
England and Wales
Judgment Date
23 July 2010
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Jurisdiction Under Brussels I Regulation (ec 44/2001), Article 6(1) Closely Connected Claims, Article 28 Related Actions and Discretionary Stay, Article 81/101 TFEU Cartel Damages, Liability of Subsidiaries in Competition Infringements, Negative Declaratory Relief, Application of Lugano Convention
Competition Law Private International Law Civil Procedure Jurisdiction Under Brussels I Regulation (ec 44/2001) Article 6(1) Closely Connected Claims Article 28 Related Actions and Discretionary Stay Article 81/101 TFEU Cartel Damages Liability of Subsidiaries in Competition Infringements +2 more

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Parties

Cooper Tire & Rubber Company Europe Limited & Ors

Respondents

Dow Deutschland Inc and Others

Appellants

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether English court has jurisdiction under Article 6(1) of EC Regulation 44/2001 to hear cartel damages claims against non-UK domiciled defendants
  2. 2 Whether proceedings should be stayed under Article 28 of the Regulation due to related Italian proceedings
  3. 3 Whether a subsidiary not party to or aware of anti-competitive conduct can be liable under Article 81/101 TFEU

Ratio Decidendi

The particulars of claim were sufficient to establish a good arguable case against the UK anchor defendants, making the claims against the Dow Defendants closely connected for Article 6(1) purposes. The judge's refusal to stay proceedings under Article 28 was a proper exercise of discretion, given the advanced stage of English proceedings, the Europe-wide nature of the cartel, and the speculative nature of future Italian proceedings. The cross-appeal succeeded because the Lugano Convention did not require a stay for Dow Europe, as the Regulation applied between UK and Italy.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • The appeal by the Dow Defendants is dismissed.
  • The cross-appeal by the Claimants is allowed; the stay against Dow Europe is lifted.