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

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

The only finding of fact in the General Court's judgment that is res judicata with absolute effect is that the Commission had not established that the relevant finished goods market was limited to perindopril. None of Servier's subsidiary factual propositions are binding in these proceedings. It is not an abuse of...

Source-derived case information.

Parties
English Claimants: The Secretary of State for Health and Another; Scottish/ni Claimants: The Scottish Ministers and Others; Welsh Claimants: 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
17 April 2019
Procedural Posture
Competition Damages Action (private Enforcement) / Preliminary Issues—binding Effect of EU General Court Findings and Abuse of Process
Outcome
Application by Servier dismissed—none of the contested factual findings are res judicata or precluded by abuse of process.
Legal Topics
Res Judicata (issue Estoppel) Under EU Law, Abuse of Process Under English Law, Binding Effect of EU Judgments in National Proceedings, Market Definition in Competition Law, Mitigation and Causation in Damages Claims
Competition Law Civil Procedure EU Law Res Judicata (issue Estoppel) Under EU Law Abuse of Process Under English Law Binding Effect of EU Judgments in National Proceedings Market Definition in Competition Law Mitigation and Causation in Damages Claims

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Parties

The Secretary of State for Health and Another

English Claimants

The Scottish Ministers and Others

Scottish/ni Claimants

The Welsh Ministers and Others

Welsh Claimants

Servier Laboratories Limited

Defendant

Servier Research and Development Limited

Defendant

Les Laboratoires Servier SAS

Defendant

Servier SAS

Defendant

Procedural Posture

Competition Damages Action (private Enforcement) / Preliminary Issues—binding Effect of EU General Court Findings and Abuse of Process

Legal Issues

  1. 1 Are factual findings of the EU General Court in annulment proceedings binding as res judicata in subsequent national private damages actions?
  2. 2 Is it an abuse of process for claimants connected to the UK government to contest such findings or adduce contrary evidence in English proceedings?

Ratio Decidendi

The only finding of fact in the General Court's judgment that is res judicata with absolute effect is that the Commission had not established that the relevant finished goods market was limited to perindopril. None of Servier's subsidiary factual propositions are binding in these proceedings. It is not an abuse of process for the claimants to contest those findings or adduce contrary evidence, given their limited involvement in the EU proceedings.

Court Disposition

Application by Servier dismissed—none of the contested factual findings are res judicata or precluded by abuse of process.

Orders

  • None of Servier's factual propositions are binding as res judicata in these proceedings.
  • It is not an abuse of process for the claimants to contest or adduce evidence contrary to those propositions.