Judgment of the Tribunal in respect of an application by Mersen UK Portslade Ltd (formerly Le Carbone (Great Britain) Ltd) (“Carbone GB”) to dismiss certain claims for damages against it on the ground that the Tribunal lacks jurisdiction, alternatively to strike out the claims pursuant to rule 40 of the Tribunal Rules.
The Tribunal unanimously held that there was no infringement decision of the European Commission within the meaning of subsection 47A(6)(d) of the Competition Act on which the claimants could base their claims against Carbone GB. There were therefore no reasonable grounds for making those claims within the meaning of rule 40, and the claims were struck out.
