National Grid Electricity Transmission Plc v ABB Ltd & Ors [2012] EWHC 869 (Ch) (04 April 2012)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2012] EWHC 869 (Ch) (04 April 2012)

The court held that the ECJ's ruling in Pfleiderer applies to leniency materials submitted to the European Commission, and that the national court has jurisdiction to order disclosure of such materials, subject to a case-by-case balancing exercise. In this case, having inspected the documents, the court found that some redacted passages of the Commission's Decision and limited passages from certain responses to information requests should be disclosed, as their relevance and necessity for the fair disposal of the claim outweighed the interest in protecting the leniency programme. The remainder of the leniency materials were not sufficiently relevant to justify disclosure.

Citation
[2012] EWHC 869 (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: Alstom Grid (UK) Limited (formerly Areva T&D UK Limited); Defendant: T&D Holding (formerly 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: Alstom Grid SAS (formerly Areva T&D SA); Defendant: Alstom Grid AG (formerly Areva T&D AG)
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Civil Claim (follow on Damages) / Interlocutory Application for Disclosure and Further Information
Outcome
Application granted in part; specific disclosure ordered
Legal Topics
Disclosure of Documents, Leniency Materials, Cartel Damages Claims, Jurisdiction of National Courts, Application of EU Law in National Proceedings
Competition Law Civil Procedure European Union Law Disclosure of Documents Leniency Materials Cartel Damages Claims Jurisdiction of National Courts Application of EU Law in National Proceedings

Case Brief

Summary, issues, holding and outcome

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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

Alstom Grid (UK) Limited (formerly Areva T&D UK Limited)

Defendant

T&D Holding (formerly 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

Alstom Grid SAS (formerly Areva T&D SA)

Defendant

Alstom Grid AG (formerly Areva T&D AG)

Defendant

Procedural Posture

Civil Claim (follow on Damages) / Interlocutory Application for Disclosure and Further Information

Legal Issues

  1. 1 Whether the court should order disclosure of leniency materials submitted to the European Commission in cartel proceedings
  2. 2 Whether the ECJ's ruling in Pfleiderer applies to Commission leniency materials
  3. 3 Whether the national court has jurisdiction to order disclosure of such materials or if this is reserved to the Commission

Ratio Decidendi

The court held that the ECJ's ruling in Pfleiderer applies to leniency materials submitted to the European Commission, and that the national court has jurisdiction to order disclosure of such materials, subject to a case-by-case balancing exercise. In this case, having inspected the documents, the court found that some redacted passages of the Commission's Decision and limited passages from certain responses to information requests should be disclosed, as their relevance and necessity for the fair disposal of the claim outweighed the interest in protecting the leniency programme. The remainder of the leniency materials were not sufficiently relevant to justify disclosure.

Court Disposition

Application granted in part; specific disclosure ordered

Orders

  • Disclosure of specified redacted passages of the confidential version of the Commission's Decision to NGET within the confidentiality ring
  • Disclosure of limited passages from certain ABB and Areva responses to Commission information requests, as set out in the Appendix to the judgment