DB Schenker Rail (UK) Ltd & Ors v Schunk GmbH & Ors [2014] CAT 2 (27 January 2014)

DB Schenker Rail (UK) Ltd & Ors v Schunk GmbH & Ors [2014] CAT 2 (27 January 2014)

The Tribunal held that full and timely disclosure of documents relevant to the UK Claims is essential for the fair and efficient progression of the case. The Tribunal rejected both the Claimants' proposal to postpone disclosure and the Defendants' attempt to limit disclosure by a temporal filter, ordering comprehensive disclosure subject to confidentiality protections for leniency information. The Tribunal set an eight-week timetable for disclosure and established a confidentiality ring to protect sensitive information.

Citation
[2014] CAT 2
Parties
Claimant: DB Schenker Rail (UK) Ltd; Claimant: Loadhaul Limited; Claimant: Mainline Freight Limited; Claimant: Rail Express Systems Limited; Claimant: DB Schenker Rail International Limited (formerly English Welsh & Scottish Railway International Limited); Defendant: Schunk GmbH; Defendant: Schunk Kohlenstofftechnik GmbH; Defendant: SGL Carbon SE (formerly SGL Carbon AG); Defendant: Mersen SA (formerly Le Carbone-Lorraine SA); Defendant: Hoffmann & Co Elektrokohle AG
Jurisdiction
United Kingdom
Judgment Date
27 January 2014
Procedural Posture
Competition Damages Claim / Case Management Conference and Disclosure Directions
Outcome
Disclosure and case management directions granted as set out in the order.
Legal Topics
Disclosure, Confidentiality Ring, Leniency Information, Case Management, Cartel Damages, Standard Disclosure
Competition Law Civil Procedure Disclosure Confidentiality Ring Leniency Information Case Management Cartel Damages Standard Disclosure

Case Brief

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Parties

DB Schenker Rail (UK) Ltd

Claimant

Loadhaul Limited

Claimant

Mainline Freight Limited

Claimant

Rail Express Systems Limited

Claimant

DB Schenker Rail International Limited (formerly English Welsh & Scottish Railway International Limited)

Claimant

Schunk GmbH

Defendant

Schunk Kohlenstofftechnik GmbH

Defendant

SGL Carbon SE (formerly SGL Carbon AG)

Defendant

Mersen SA (formerly Le Carbone-Lorraine SA)

Defendant

Hoffmann & Co Elektrokohle AG

Defendant

Procedural Posture

Competition Damages Claim / Case Management Conference and Disclosure Directions

Legal Issues

  1. 1 Appropriate scope and timing of disclosure in cartel damages claims
  2. 2 Application of confidentiality protections to disclosed documents
  3. 3 Treatment of leniency information in disclosure

Ratio Decidendi

The Tribunal held that full and timely disclosure of documents relevant to the UK Claims is essential for the fair and efficient progression of the case. The Tribunal rejected both the Claimants' proposal to postpone disclosure and the Defendants' attempt to limit disclosure by a temporal filter, ordering comprehensive disclosure subject to confidentiality protections for leniency information. The Tribunal set an eight-week timetable for disclosure and established a confidentiality ring to protect sensitive information.

Court Disposition

Disclosure and case management directions granted as set out in the order.

Orders

  • Comprehensive disclosure by both Claimants and Defendants by 17 March 2014, subject to confidentiality ring and protection of leniency information.
  • Defendants to provide English version of European Commission Decision with limited redactions.