WH Newson Holding Ltd & Ors v IMI Plc & Ors

WH Newson Holding Ltd & Ors v IMI Plc & Ors

A claim in conspiracy may be brought under section 47A of the Competition Act 1998 only if all elements, including intent to injure, are established by the Commission's infringement findings. In this case, the findings did not establish intent to injure, so the conspiracy claim cannot proceed under section 47A.

Parties
Respondents: W. H. Newson Holding Limited & Others; Appellants: IMI PLC & Others
Jurisdiction
England and Wales
Judgment Date
12 November 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; conspiracy claim under section 47A struck out for lack of intent to injure established by Commission's findings.
Legal Topics
Section 47 a Competition Act 1998, Follow on Damages Claims, Unlawful Means Conspiracy, Breach of Statutory Duty, Jurisdiction of Competition Appeal Tribunal
Competition Law Tort Law Civil Procedure Section 47 a Competition Act 1998 Follow on Damages Claims Unlawful Means Conspiracy Breach of Statutory Duty Jurisdiction of Competition Appeal Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

W. H. Newson Holding Limited & Others

Respondents

IMI PLC & Others

Appellants

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does section 47A of the Competition Act 1998 permit a claim in conspiracy based on findings of infringement in a European Commission decision?
  2. 2 Is intent to injure, as required for unlawful means conspiracy, established by the Commission's findings?

Ratio Decidendi

A claim in conspiracy may be brought under section 47A of the Competition Act 1998 only if all elements, including intent to injure, are established by the Commission's infringement findings. In this case, the findings did not establish intent to injure, so the conspiracy claim cannot proceed under section 47A.

Court Disposition

Appeal allowed in part; conspiracy claim under section 47A struck out for lack of intent to injure established by Commission's findings.

Orders

  • Paragraph 24(b) of the particulars of claim struck out to the extent it alleges conspiracy under section 47A without requisite findings.
  • No order as to paragraph 24(c) as it was not appealed.