1077/5/7/07 Emerson Electric Co and others v Morgan Crucible Company PLC

Emerson Electric Co and others v Morgan Crucible Company PLC

Case number:

1077/5/7/07 Registered: 9/2/2007

Status:

Notice of a claim for damages under section 47A of the Competition Act 1998 published on 28 February 2007. At the same time as filing the claim, the claimant made an application pursuant to rule 31(3) of the Tribunal Rules for permission to proceed with the claim against the proposed defendants before the end of the period referred to in section 47A(8) of the Act. A case management conference took place on 13 March 2007. Hearings on the interpretation and application of section 47A and rules 31 and 40 of the Tribunal Rules took place on 26 June 2007 and 26 September 2007. On 17 October 2007, the Tribunal issued a judgment in relation to the time period for making a claim for damages.

In a judgment handed down on 16 November 2007, the Tribunal gave permission under section 47A(5)(b) of the Act and rule 31(3) for the claimants to make a claim for damages against Morgan Crucible Company plc, and dismissed Morgan Crucible's claim that the action should be dismissed under rule 40 on the basis that there are no reasonable grounds for making a claim due to the existence of a settlement agreement between the parties in the context of US proceedings.

A further case management conference took place on 13 December 2007. A hearing took place on 20-21 February 2008 to consider whether the CAT should grant permission for the claimants to bring damages actions against Schunk GmbH, Schunk Kohlenstofftechnik GmbH, SGL Carbon AG and Le Carbone Lorraine SA. By its judgment of 28 April 2008 the Tribunal refused permission for a claim for damages to be made against Schunk, SGL and Carbone Lorraine respectively.

The Tribunal’s judgment on Schunk’s, SGL’s and Carbone Lorraine’s applications for costs was handed down on 17 October 2008.

On 2 April 2009, the President of the Tribunal ordered that the proceedings be stayed until 21 days from the handing down of the judgments by the Court of Justice in Cases C-554/08 P and C-564/08 P, whichever is the later.

On 11 March 2010 the President made an Order refusing the claimants’ application for a further stay and establishing the procedural timetable for the proceedings.

On 19 May 2010 the President made an Order granting the claimants’ applications for permission to amend the claim form in certain respects and to join as additional defendants Schunk, SGL, Carbone Lorraine and Le Carbone (Great Britain) Ltd. The claimants have been ordered to serve the amended claim form on all of the defendants.

On 5 October 2010, the Tribunal made an Order extending time for Schunk GmbH to file an application disputing the Tribunal’s jurisdiction.


A hearing took place on 10 December 2010 to consider Mersen UK Portslade Ltd’s application to reject the claim against it either for lack of jurisdiction or pursuant to rule 40 of the Tribunal Rules. Judgment on that application was handed down by the President (sitting alone) on 21 March 2011. On 8 June 2011 the Tribunal refused the claimants permission to appeal the Tribunal’s Judgment of 21 March 2011. On 11 October 2011 the Court of Appeal granted the claimants permission to appeal the Tribunal’s Judgment. On 28 November 2012, the Court of Appeal dismissed the claimants’ appeal against the Tribunal’s judgment of 21 March 2011. On 12 April 2013, the Supreme Court made an order granting the claimants permission to withdraw their application for permission to appeal.

On 15 December 2011 the Court of Appeal made an Order refusing Morgan Crucible Company Plc’s application for permission to appeal the Tribunal’s Judgment of 17 October 2007.

On 15 April 2013 the President made an Order granting the claimants permission to withdraw their claims against Mersen SA and Mersen UK Portslade Ltd.On 3 May 2013, the President made an Order staying the proceedings for a period of three months.

By an order dated 4 February 2014, the Chairman made various directions regarding the future conduct of the proceedings.

On 26 March 2014, the Tribunal made an order withdrawing the claims against Schunk GmbH and Schunk Kohlenstofftechnik GmbH.

On 13 May 2014, the Tribunal made certain case management directions, in particular listing the hearing of a preliminary issue. By orders dated 16 June and 3 July 2014, the Tribunal amended its order of 13 May 2014. On 4 August 2014, the parties informed the Tribunal that they had concluded a settlement of the claims and, on 5 August 2014, the Chairman made an Order withdrawing the claims.

This case has now been archived.

Diary events for this case:

  • There are currently no forthcoming diary events for this case.
  • 17 Oct 2008 | 11am - Judgment on costs
  • 10 Dec 2010 | 10.30am - Hearing
  • 21 Mar 2011 | 2pm - Handing down