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Success for UK supermarkets in ongoing salmon cartel proceedings
In ongoing proceedings arising from an alleged cartel in the market for farmed Atlantic salmon, Stephenson Harwood's clients, seven of the UK's leading supermarkets, have defeated the defendants' applications (i) disputing the Competition Appeal Tribunal's jurisdiction over the claimants' claims; (ii) seeking to strike out the claimants' claims against the Norwegian defendants' UK subsidiaries; and (iii) seeking to require the claimants to reserve their claims.
The Tribunal concluded that the UK was the natural and appropriate forum for the supermarkets' claims, which concern the price of farmed Atlantic salmon sold on the UK market. In particular, the Tribunal highlighted that the claims arise from an alleged breach of UK competition law and concern the impact of such a breach on the price of farmed Atlantic salmon purchased by the claimants in this jurisdiction. The defendants contended that Norway is the proper forum for the dispute.
The Tribunal also dismissed the defendants' applications to strike out the claimants' claims against the Norwegian defendants' UK subsidiaries. The Tribunal held that the UK subsidiaries formed part of the same economic undertaking as the Norwegian defendants and are therefore proper parties to the supermarkets' claims for damages. The Tribunal also rejected the defendants' arguments that Norwegian farmed Atlantic salmon and Scottish farmed Atlantic salmon were in different product markets.
Finally, the Competition Appeal Tribunal rejected the defendants' application to set aside the order granting the claimants permission to serve out of the jurisdiction in February 2024 because of an alleged material non-disclosure.
This is an important judgment, which confirms that for claims arising from cartels, the jurisdiction in which the alleged collusion occurs does not necessarily determine the natural or appropriate forum for the dispute, as although the competition law infringement may have taken place outside of the UK, the claimants have suffered loss in the UK.
Stephenson Harwood is delighted to have obtained such a favourable result for the claimants.
The Stephenson Harwood team was led by partner Genevieve Quierin and managing associate Adam Polonsky, who were supported by consultant Alex Athanasopoulos, associates Katelyn Iacono, Jamie Gardner, and trainee Mikaela Hristova.
