SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

Because the defendant asserted a common defence of collusion in breach of the First Conduct Rule under the Competition Ordinance, the court granted transfer of the competition allegation to the Competition Tribunal and ordered that the High Court actions be listed and managed together with the Tribunal proceedings; general discovery was dispensed with and discovery was confined to directly relevant documents and those referred to in the pleadings, with High Court pleadings to incorporate Tribunal pleadings on competition issues.

Citation
[2018] HKCFI 2095
Parties
Plaintiff (hca 1929/2017; Cta1/2018): Taching Petroleum Company, Limited; Plaintiff (hca 1069/2018); Intended Intervener (cta1/2018): Shell Hong Kong Limited; Defendant (all Cases): Meyer Aluminium Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2018
Case Number
HCA1069/2018
Procedural Posture
Civil (competition/antitrust) / Directions Hearing/case Management (pleadings and Discovery Stage)
Outcome
Leave granted to transfer the competition allegation to the Competition Tribunal; High Court actions to be listed and heard together with Tribunal proceedings for case management; general discovery dispensed; discovery confined to directly relevant documents and documents referred to in the pleadings; High Court...
Legal Topics
Transfer to Competition Tribunal, Consolidation/listing for Case Management, Discovery (direct Relevance), Pleadings Incorporation, First Conduct Rule (price Fixing)
Source Language
EN
Competition Law Civil Procedure Transfer to Competition Tribunal Consolidation/listing for Case Management Discovery (direct Relevance) Pleadings Incorporation First Conduct Rule (price Fixing)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Taching Petroleum Company, Limited

Plaintiff (hca 1929/2017; Cta1/2018)

Shell Hong Kong Limited

Plaintiff (hca 1069/2018); Intended Intervener (cta1/2018)

Meyer Aluminium Limited

Defendant (all Cases)

Procedural Posture

Civil (competition/antitrust) / Directions Hearing/case Management (pleadings and Discovery Stage)

Legal Issues

  1. 1 Whether the allegation of collusion/price fixing under the First Conduct Rule should be transferred to the Competition Tribunal
  2. 2 Whether the High Court actions should be consolidated or listed to be heard with Tribunal proceedings for case management
  3. 3 Scope of discovery and whether general discovery should be dispensed with

Ratio Decidendi

Because the defendant asserted a common defence of collusion in breach of the First Conduct Rule under the Competition Ordinance, the court granted transfer of the competition allegation to the Competition Tribunal and ordered that the High Court actions be listed and managed together with the Tribunal proceedings; general discovery was dispensed with and discovery was confined to directly relevant documents and those referred to in the pleadings, with High Court pleadings to incorporate Tribunal pleadings on competition issues.

Court Disposition

Leave granted to transfer the competition allegation to the Competition Tribunal; High Court actions to be listed and heard together with Tribunal proceedings for case management; general discovery dispensed; discovery confined to directly relevant documents and documents referred to in the pleadings; High Court...

Orders

  • Transfer the Allegation in the Shell Action to the Competition Tribunal.
  • List and hear the balance of the High Court Actions together with the two sets of proceedings in the Competition Tribunal for case management until further order.