Infederation Ltd v Google Inc & Ors

Infederation Ltd v Google Inc & Ors

The court refused to stay disclosure, finding that targeted disclosure and close case management were proportionate given the ongoing Commission investigation, the likelihood of continued proceedings regardless of the Commission's outcome, and the need to avoid unnecessary delay and costs. Disclosure was limited to material already provided to the Commission, excluding the 'Panda' algorithm issue pending further clarification.

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
Civil / Post Pleadings, Disclosure Management
Outcome
Targeted disclosure ordered; stay refused except for 'Panda' algorithm issue.
Legal Topics
Abuse of Dominance, Targeted Disclosure, Stay of Proceedings, Case Management, Article 102 TFEU, Competition Act 1998
Competition Law EU Law Civil Procedure Abuse of Dominance Targeted Disclosure Stay of Proceedings Case Management Article 102 TFEU +1 more

Case Brief

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Parties

Infederation Ltd

Claimant

Google Inc

Defendant

Google Ireland Ltd

Defendant

Google UK Ltd

Defendant

Procedural Posture

Civil / Post Pleadings, Disclosure Management

Legal Issues

  1. 1 Whether Google abused its dominant position in the UK internet search and online search advertising markets contrary to Article 102 TFEU and section 18 Competition Act 1998
  2. 2 Whether proceedings should be stayed pending the European Commission investigation
  3. 3 Appropriate scope and method of disclosure in competition litigation

Ratio Decidendi

The court refused to stay disclosure, finding that targeted disclosure and close case management were proportionate given the ongoing Commission investigation, the likelihood of continued proceedings regardless of the Commission's outcome, and the need to avoid unnecessary delay and costs. Disclosure was limited to material already provided to the Commission, excluding the 'Panda' algorithm issue pending further clarification.

Court Disposition

Targeted disclosure ordered; stay refused except for 'Panda' algorithm issue.

Orders

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