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SJ Berwin is pleased to announce that it has successfully won an appeal ruling for its client, a consortium of Europe's largest tyre manufacturers, in a complex jurisdictional battle. The consortium is pursuing an action for damages in the English courts following on from a European Commission finding that synthetic rubber manufacturers across Europe were involved in a price fixing cartel over a number of years. The Court of Appeal held that the English proceedings should not be stayed pending the resolution of a parallel action in Italy which had been brought by Eni, one of the cartelists, for a declaration that the cartel had not resulted in any damage to tyre manufacturers. Led by partners Lesley Farrell and Stephen Kon, a team of SJ Berwin's lawyers in the EU & Competition and Litigation Departments has been advising the consortium on the complex jurisdictional and procedural issues arising out of the European Commission decision. In addition to responding to an application for a negative declaration made by Eni in Italy, SJ Berwin has been pursuing the proceedings in the Commercial Court against a number of UK and non-UK domiciled defendants, and has reached a confidential settlement with one of the Defendant corporate groups.
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