Vodafone Group Services Ltd & Anor v Infineon Technologies AG & Ors

Vodafone Group Services Ltd & Anor v Infineon Technologies AG & Ors

Disclosure should be ordered on a proportionate basis, focusing on significant tariffs in the four main countries with limited additional disclosure for other states and SIM-only tariffs. Defendants must provide broader disclosure for contracts and production data except Samsung, but negotiations disclosure is limited to mask code matched chips. The trial date should be fixed for the first convenient date after 1 October 2019 to balance certainty and the risk of inconsistent decisions with the pending CJEU appeal.

Parties
Claimant: Vodafone Group Services Limited & Others; Defendant: Infineon Technologies AG & Others; Defendant: Renesas Defendants; Third Party: Samsung Named Third Parties
Jurisdiction
England and Wales
Judgment Date
08 June 2017
Procedural Posture
Civil Competition Law (cartel Damages) / Case Management Conference (disclosure and Trial Timetable)
Outcome
Disclosure orders made as modified; trial date to be fixed for first convenient date after 1 October 2019.
Legal Topics
Cartel Damages, Disclosure, Pass on Defence, Case Management, Quantum of Damages
Competition Law Civil Procedure Cartel Damages Disclosure Pass on Defence Case Management Quantum of Damages

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Parties

Vodafone Group Services Limited & Others

Claimant

Infineon Technologies AG & Others

Defendant

Renesas Defendants

Defendant

Samsung Named Third Parties

Third Party

Procedural Posture

Civil Competition Law (cartel Damages) / Case Management Conference (disclosure and Trial Timetable)

Legal Issues

  1. 1 Scope and proportionality of disclosure in cartel damages claim
  2. 2 Definition of 'significant tariffs' for disclosure
  3. 3 Appropriate basis for disclosure of contracts, negotiations, and production data

Ratio Decidendi

Disclosure should be ordered on a proportionate basis, focusing on significant tariffs in the four main countries with limited additional disclosure for other states and SIM-only tariffs. Defendants must provide broader disclosure for contracts and production data except Samsung, but negotiations disclosure is limited to mask code matched chips. The trial date should be fixed for the first convenient date after 1 October 2019 to balance certainty and the risk of inconsistent decisions with the pending CJEU appeal.

Court Disposition

Disclosure orders made as modified; trial date to be fixed for first convenient date after 1 October 2019.

Orders

  • Vodafone to give disclosure on significant tariffs in four main countries plus single largest tariff and highest revenue SIM-only tariff in other states.
  • Defendants (except Samsung) to give disclosure of contracts and production data on wholesale basis; negotiations disclosure limited to mask code matched chips.