Infederation Ltd v Google Inc & Ors [2013] EWHC 2295 (Ch) (26 July 2013)

Infederation Ltd v Google Inc & Ors [2013] EWHC 2295 (Ch) (26 July 2013)

The court refused a general stay of proceedings, holding that targeted disclosure by reference to particular issues is proportionate and appropriate, given the ongoing Commission investigation and the likelihood that only some allegations may be affected by future EU decisions. Disclosure should be limited to material already provided to the Commission, with further disclosure subject to application.

Citation
[2013] EWHC 2295 (Ch)
Parties
Claimant: INFEDERATION LTD; Defendant: GOOGLE INC; Defendant: GOOGLE IRELAND LTD; Defendant: GOOGLE UK LTD
Jurisdiction
England and Wales
Judgment Date
26 July 2013
Procedural Posture
Competition Damages Claim / Disclosure Management After Close of Pleadings
Outcome
Stay refused; targeted disclosure ordered
Legal Topics
Abuse of Dominance, Disclosure, Stay of Proceedings, Targeted Disclosure, EU Competition Investigation
Competition Law European Union Law Civil Procedure Abuse of Dominance Disclosure Stay of Proceedings Targeted Disclosure EU Competition Investigation

Case Brief

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Parties

INFEDERATION LTD

Claimant

GOOGLE INC

Defendant

GOOGLE IRELAND LTD

Defendant

GOOGLE UK LTD

Defendant

Procedural Posture

Competition Damages Claim / Disclosure Management After Close of Pleadings

Legal Issues

  1. 1 Whether proceedings should be stayed pending European Commission investigation
  2. 2 Appropriate scope and method of disclosure in competition litigation
  3. 3 Whether targeted disclosure is preferable to standard disclosure

Ratio Decidendi

The court refused a general stay of proceedings, holding that targeted disclosure by reference to particular issues is proportionate and appropriate, given the ongoing Commission investigation and the likelihood that only some allegations may be affected by future EU decisions. Disclosure should be limited to material already provided to the Commission, with further disclosure subject to application.

Court Disposition

Stay refused; targeted disclosure ordered

Orders

  • Disclosure by Google limited to material documents already disclosed to the European Commission, except for specified narrow categories.
  • No disclosure ordered at this stage on the 'Panda' algorithm allegation.