The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors

The only finding of fact in the Servier Judgment that is res judicata with absolute effect is that the Commission had not established that the relevant market was limited to perindopril; the specific factual findings relied on by Servier are not binding on the national court for the purposes of the mitigation trial.

Parties
Claimant/respondent: The Secretary of State for Health & Another; Defendant/appellant: Servier Laboratories Limited; Defendant/appellant: Servier Research and Development Limited; Defendant/appellant: Les Laboratoires Servier SAS; Defendant/appellant: Servier SAS; Claimants/respondents: The Scottish Ministers & Northern Irish Ministers; Claimants/respondents: The Welsh Ministers & Others
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Abuse of Dominance, Market Definition, Mitigation of Loss, Article 101 TFEU, Article 102 TFEU
Competition Law EU Law Civil Procedure Res Judicata Abuse of Dominance Market Definition Mitigation of Loss Article 101 TFEU +1 more

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Parties

The Secretary of State for Health & Another

Claimant/respondent

Servier Laboratories Limited

Defendant/appellant

Servier Research and Development Limited

Defendant/appellant

Les Laboratoires Servier SAS

Defendant/appellant

Servier SAS

Defendant/appellant

The Scottish Ministers & Northern Irish Ministers

Claimants/respondents

The Welsh Ministers & Others

Claimants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the EU law principle of res judicata binds the national court to factual findings of the General Court in annulment proceedings for the purposes of domestic damages claims.
  2. 2 Whether specific factual findings in the Servier Judgment are res judicata for the mitigation trial.

Ratio Decidendi

The only finding of fact in the Servier Judgment that is res judicata with absolute effect is that the Commission had not established that the relevant market was limited to perindopril; the specific factual findings relied on by Servier are not binding on the national court for the purposes of the mitigation trial.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the findings of fact in the Servier Judgment are not res judicata for the mitigation trial.