Zantra Ltd v BASF Plc

Zantra Ltd v BASF Plc

The claimant satisfied all criteria for a Norwich Pharmacal order: there is an arguable case of anti-competitive concerted action by national distributors, the information sought is necessary to bring a claim, and the defendant is mixed up in the alleged wrongdoing. The order is proportionate and justified in the circumstances.

Parties
Claimant: Zantra Limited; Defendant: BASF PLC
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Part 8 Proceedings (norwich Pharmacal Application) / Judgment on Application for Norwich Pharmacal Order
Outcome
Norwich Pharmacal order granted
Legal Topics
Norwich Pharmacal Orders, Disclosure of Information, Concerted Practices, Breach of Competition Rules, Chapter 1 Competition Act 1998, Article 101 TFEU
Competition Law Civil Procedure Norwich Pharmacal Orders Disclosure of Information Concerted Practices Breach of Competition Rules Chapter 1 Competition Act 1998 Article 101 TFEU

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Parties

Zantra Limited

Claimant

BASF PLC

Defendant

Procedural Posture

Part 8 Proceedings (norwich Pharmacal Application) / Judgment on Application for Norwich Pharmacal Order

Legal Issues

  1. 1 Whether the claimant is entitled to a Norwich Pharmacal order for disclosure of information to identify potential wrongdoers allegedly involved in anti-competitive conduct.
  2. 2 Whether there is a sufficiently arguable case of a breach of competition law by national distributors through concerted action.

Ratio Decidendi

The claimant satisfied all criteria for a Norwich Pharmacal order: there is an arguable case of anti-competitive concerted action by national distributors, the information sought is necessary to bring a claim, and the defendant is mixed up in the alleged wrongdoing. The order is proportionate and justified in the circumstances.

Court Disposition

Norwich Pharmacal order granted

Orders

  • Defendant to disclose all documents recording discussions with national distributors within the relevant timeframe.
  • Defendant to provide a witness statement setting out the content of those discussions.