12 Oct 2021
The Competition Tribunal found no breach of the First Conduct Rule; accordingly the pleaded illegality defence failed as it depended on that finding, set-off did not arise for determination, and judgment was entered for plaintiffs for the contract sums with interest and costs as ordered.
12 Oct 2021
The Competition Tribunal found no breach of the First Conduct Rule; because the illegality defence was dependent on a proven breach it failed; consequently Meyer had no set-off entitlement on the facts; plaintiffs were entitled to judgment for the contract sums with interest and costs as awarded.
12 Sept 2018
Because the defendant advanced a common defence alleging collusion in breach of the First Conduct Rule under the Competition Ordinance, the court gave effect to the parties' consent and transferred the competition Allegation to the Competition Tribunal, ordered coordinated listing of the High Court actions with the Tribunal for case management, required discovery limited to directly relevant documents and documents referred to in the pleadings, and dispensed with general discovery; pleadings in the High Court shall incorporate those filed in the Tribunal for competition issues.
12 Sept 2018
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.
17 May 2018
The defendant has adduced sufficient prima facie circumstantial evidence (prolonged parallel net pricing against the defendant substantially above other market quotes, confidentiality of pricing, and absence of explanation by plaintiff) to raise triable issues on contravention of the first conduct rule; accordingly the allegation must be transferred to the Competition Tribunal and leave to defend is granted subject to payment into court, but a stay pending Commission investigation is not warranted on the present evidence.