Zantra Ltd v BASF Plc [2016] EWHC 3578 (Ch) (24 November 2016)

Zantra Ltd v BASF Plc [2016] EWHC 3578 (Ch) (24 November 2016)

The claimant has established a sufficiently arguable case of concerted anticompetitive action by national distributors; the defendant is sufficiently mixed up in the alleged wrongdoing; disclosure is necessary and proportionate to enable the claimant to pursue its legal rights; all criteria for Norwich Pharmacal relief are satisfied.

Citation
[2016] EWHC 3578 (Ch)
Parties
Claimant: Zantra Limited; Defendant: BASF PLC
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Part 8 Proceedings / Judgment on Norwich Pharmacal Application
Outcome
Norwich Pharmacal order granted
Legal Topics
Norwich Pharmacal Orders, Concerted Practices, Disclosure, Market Competition, Anticompetitive Conduct
Competition Law Civil Procedure Norwich Pharmacal Orders Concerted Practices Disclosure Market Competition Anticompetitive Conduct

Case Brief

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Parties

Zantra Limited

Claimant

BASF PLC

Defendant

Procedural Posture

Part 8 Proceedings / Judgment on Norwich Pharmacal Application

Legal Issues

  1. 1 Whether a Norwich Pharmacal order should be granted to disclose identities and communications of national distributors allegedly involved in anticompetitive conduct
  2. 2 Whether there is a sufficiently arguable case of breach of competition law by concerted action
  3. 3 Whether the defendant is sufficiently 'mixed up in' the alleged wrongdoing to justify the order

Ratio Decidendi

The claimant has established a sufficiently arguable case of concerted anticompetitive action by national distributors; the defendant is sufficiently mixed up in the alleged wrongdoing; disclosure is necessary and proportionate to enable the claimant to pursue its legal rights; all criteria for Norwich Pharmacal relief are satisfied.

Court Disposition

Norwich Pharmacal order granted

Orders

  • Defendant to disclose documents recording discussions with national distributors within specified timeframe
  • Defendant to provide witness statement setting out content of discussions with national distributors