Ruling (Application to extend time)
Case(s):
- 1098/5/7/08 (1) BCL Old Co Limited (2) DFL Oldco Limited (3) PFF Old Co Limited (4) Deans Foods Limited v (1) BASF SE (2) BASF plc (3) Frank Wright Limited
- 1101/5/7/08 (1) Grampian Country Food Group Ltd (2) Grampian County Feeds Limited (3) Marshall Food Group Limited (4) Cymru Country Chickens Limited (5) Favor Parker Limited v (1) Sanofi-Aventis SA (2) Rhodia Limited (3) F. Hoffman-La Roche AG (4) Roche Products Limited (5) BASF SE (6) BASF PLC (7) Frank Wright Limited
Neutral citation:
[2009] CAT 29
Published:
19 Nov 2009
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Summary:
Ruling of the Tribunal on applications by the BCL and Grampian claimants for an extension of time for lodging their claims under rule 19 of the Competition Appeal Tribunal Rules 2003.
The Tribunal concluded that the decision whether or not to extend time was a two stage test. At stage one, the court must consider whether good reason for an extension has been demonstrated by the claimant; essentially a question of fact. If, and only if, the claimant succeeded in establishing a good reason could the Tribunal proceed to stage two, which is a discretionary exercise involving value judgments including, where appropriate, having regard to the balance of hardship.
The Tribunal held that while the BCL claimants satisfied the requirements of stage one, it refused to exercise its discretion under stage two. The BCL claimants should have taken at least some steps to establish and pursue their claim during the period when they wrongly thought that they were precluded by section 47A from actually starting proceedings.
In relation to the Grampian claimants, the Tribunal found that they had failed to establish that there was a good reason why they did not lodge their claim in time and therefore did not satisfy stage one of the test.
This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.