National Grid Electricity Transmission Plc v ABB Ltd & Ors [2011] EWHC 1717 (Ch) (04 July 2011)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2011] EWHC 1717 (Ch) (04 July 2011)

The court held that, subject to appropriate confidentiality protections (including a confidentiality ring), there is no overriding EU law prohibition on ordering disclosure of documents obtained from the Commission's file, except for leniency documents. The court found that disclosure between parties in English proceedings, with safeguards, does not jeopardize ongoing or future investigations or breach EU law. The court further held that, following the ECJ's Pfleiderer judgment, it is for the national court to conduct a balancing exercise regarding disclosure of leniency materials, and that the Commission should be given an opportunity to make submissions before any order for disclosure...

Citation
[2011] EWHC 1717 (Ch)
Parties
Claimant: National Grid Electricity Transmission PLC; Defendant: ABB Ltd; Defendant: ABB Power T&D Limited; Defendant: ABB Limited; Defendant: ABB Holdings Limited; Defendant: ABB Asea Brown Boveri Ltd; Defendant: Alstom; Defendant: Alstom Limited; Defendant: Alstom UK Holdings Limited; Defendant: Alstom Holdings; Defendant: Areva SA; Defendant: Areva T&D UK Limited; Defendant: Areva T&D Holding SA; Defendant: Siemens AG; Defendant: Siemens Transmission & Distribution Limited; Defendant: VA Tech Reyrolle Distribution Limited; Defendant: Siemens PLC; Defendant: VA Tech (UK) Limited; Defendant: Siemens Holdings PLC; Defendant: VA Tech Schneider High Voltage GmbH; Defendant: VA Tech Transmission & Distribution GmbH & Co KEG; Defendant: Siemens Aktiengesellschaft Österreich; Defendant: Areva T&D SA; Defendant: Areva T&D AG
Jurisdiction
England and Wales
Judgment Date
04 July 2011
Procedural Posture
Follow on Damages Action (competition Law) / Interlocutory Application for Disclosure
Outcome
Application for disclosure granted in part; adjourned in part
Legal Topics
Disclosure of Documents, Leniency Applications, Cartel Damages Claims, Confidentiality, Cooperation With EU Commission
Competition Law Civil Procedure European Union Law Disclosure of Documents Leniency Applications Cartel Damages Claims Confidentiality Cooperation With EU Commission

Case Brief

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Parties

National Grid Electricity Transmission PLC

Claimant

ABB Ltd

Defendant

ABB Power T&D Limited

Defendant

ABB Limited

Defendant

ABB Holdings Limited

Defendant

ABB Asea Brown Boveri Ltd

Defendant

Alstom

Defendant

Alstom Limited

Defendant

Alstom UK Holdings Limited

Defendant

Alstom Holdings

Defendant

Areva SA

Defendant

Areva T&D UK Limited

Defendant

Areva T&D Holding SA

Defendant

Siemens AG

Defendant

Siemens Transmission & Distribution Limited

Defendant

VA Tech Reyrolle Distribution Limited

Defendant

Siemens PLC

Defendant

VA Tech (UK) Limited

Defendant

Siemens Holdings PLC

Defendant

VA Tech Schneider High Voltage GmbH

Defendant

VA Tech Transmission & Distribution GmbH & Co KEG

Defendant

Siemens Aktiengesellschaft Österreich

Defendant

Areva T&D SA

Defendant

Areva T&D AG

Defendant

Procedural Posture

Follow on Damages Action (competition Law) / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether English court should order disclosure of documents obtained from the European Commission's file, including confidential and leniency materials, in a follow-on cartel damages claim
  2. 2 Whether EU law or national law prohibits or restricts such disclosure, particularly regarding leniency documents and confidential information
  3. 3 Appropriate mechanism for obtaining such documents: direct disclosure, Article 15 request to Commission, or both

Ratio Decidendi

The court held that, subject to appropriate confidentiality protections (including a confidentiality ring), there is no overriding EU law prohibition on ordering disclosure of documents obtained from the Commission's file, except for leniency documents. The court found that disclosure between parties in English proceedings, with safeguards, does not jeopardize ongoing or future investigations or breach EU law. The court further held that, following the ECJ's Pfleiderer judgment, it is for the national court to conduct a balancing exercise regarding disclosure of leniency materials, and that the Commission should be given an opportunity to make submissions before any order for disclosure...

Court Disposition

Application for disclosure granted in part; adjourned in part

Orders

  • Disclosure ordered of documents obtained from the Commission file (excluding leniency documents), subject to confidentiality ring and identification process.
  • Article 15 request to the Commission for certain documents, with provision for confidentiality ring.