The Secretary of State for Health & Anor v Servier Laboratories Ltd

The Secretary of State for Health & Anor v Servier Laboratories Ltd

Standard disclosure by Servier is ordered for liability and quantum issues outside the Commission Decision and Apotex proceedings; enhanced and specific disclosure applications are premature pending review of standard disclosure; amendments to Particulars of Claim by Scottish/NI and Welsh claimants are disallowed to the extent they plead primary facts already determined by the Commission Decision; disclosure of third party documents from the Commission's file is ordered into the confidentiality ring.

Parties
Claimant: The Secretary of State for Health and another; Claimant: The Scottish Ministers and others; Claimant: The Welsh Ministers and others; Defendant: Servier Laboratories Limited; Defendant: Servier Research and Development Limited; Defendant: Les Laboratoires Servier SAS; Defendant: Servier SAS
Jurisdiction
England and Wales
Judgment Date
26 February 2016
Procedural Posture
Civil / Case Management Conference (cmc)
Outcome
Orders made for standard disclosure by Servier, partial refusal of enhanced and specific disclosure, partial refusal of amendments to Particulars of Claim, order for disclosure of third party documents into confidentiality ring.
Legal Topics
Abuse of Dominant Position, Anti Competitive Agreements, Disclosure, Pleading Amendments, Mitigation of Loss
Competition Law Tort Law Patent Law Abuse of Dominant Position Anti Competitive Agreements Disclosure Pleading Amendments Mitigation of Loss

Case Brief

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Parties

The Secretary of State for Health and another

Claimant

The Scottish Ministers and others

Claimant

The Welsh Ministers and others

Claimant

Servier Laboratories Limited

Defendant

Servier Research and Development Limited

Defendant

Les Laboratoires Servier SAS

Defendant

Servier SAS

Defendant

Procedural Posture

Civil / Case Management Conference (cmc)

Legal Issues

  1. 1 Scope of further disclosure by Servier
  2. 2 Appropriateness of enhanced disclosure
  3. 3 Specific disclosure of document categories

Ratio Decidendi

Standard disclosure by Servier is ordered for liability and quantum issues outside the Commission Decision and Apotex proceedings; enhanced and specific disclosure applications are premature pending review of standard disclosure; amendments to Particulars of Claim by Scottish/NI and Welsh claimants are disallowed to the extent they plead primary facts already determined by the Commission Decision; disclosure of third party documents from the Commission's file is ordered into the confidentiality ring.

Court Disposition

Orders made for standard disclosure by Servier, partial refusal of enhanced and specific disclosure, partial refusal of amendments to Particulars of Claim, order for disclosure of third party documents into confidentiality ring.

Orders

  • Servier to give standard disclosure by list for liability and quantum issues outside Commission Decision and Apotex proceedings.
  • Servier to disclose third party documents from Commission's file into confidentiality ring.