National Grid Electricity Transmission Plc v ABB Ltd & Ors

National Grid Electricity Transmission Plc v ABB Ltd & Ors

There is no supervening EU law objection to disclosure of documents obtained from the Commission's file by defendants, provided leniency documents are excluded and confidentiality is protected. The court will order disclosure of such documents, subject to a confidentiality ring and a mechanism for excluding leniency materials. The issue of disclosure of documents containing leniency material is adjourned for further submissions, including from the Commission, in light of the ECJ's judgment in Pfleiderer.

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
Civil Competition Damages Claim / Interlocutory Application for Disclosure
Outcome
Application for disclosure granted in part; application for disclosure of leniency materials adjourned.
Legal Topics
Disclosure of Documents, Leniency Applications, Cartel Damages Actions, Confidentiality, Cooperation With EU Commission
Competition Law Civil Procedure European Union Law Disclosure of Documents Leniency Applications Cartel Damages Actions 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

Civil Competition Damages Claim / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the court should order disclosure of documents obtained from the European Commission's file by defendants, including documents originating from third parties and potentially containing leniency material
  2. 2 Whether EU law or domestic law prohibits or restricts such disclosure, particularly in light of ongoing appeals and the protection of leniency materials
  3. 3 Whether the court should make an Article 15 request to the Commission or order disclosure directly from parties

Ratio Decidendi

There is no supervening EU law objection to disclosure of documents obtained from the Commission's file by defendants, provided leniency documents are excluded and confidentiality is protected. The court will order disclosure of such documents, subject to a confidentiality ring and a mechanism for excluding leniency materials. The issue of disclosure of documents containing leniency material is adjourned for further submissions, including from the Commission, in light of the ECJ's judgment in Pfleiderer.

Court Disposition

Application for disclosure granted in part; application for disclosure of leniency materials adjourned.

Orders

  • Disclosure of documents obtained from the Commission's file by ABB and Siemens, excluding leniency documents, to NGET, subject to a confidentiality ring and a mechanism for excluding leniency materials.
  • Article 15 request to the Commission for certain documents, with provision for confidentiality.