Ruling of the Tribunal further to Nexans' application to permission to appeal the Tribunal's Judgment ([2025] CAT 59) in the proceedings. Nexans advanced four grounds on which it sought to appeal the Judgment:
Ground (1) concerned the Tribunal's finding that there was collusion in price between ABB and Nexans. The Tribunal refused this ground on the basis that it was a factual finding, based on evidence, and related to a pleaded allegation by London Array.
Ground (2) concerned the Tribunal's conclusion that Prysmian was not seriously seeking to win the contract for London Array export cables and Nexans France employees were aware of this. The Tribunal refused this ground as it related to a purely factual finding and supported by evidence.
Ground (3) concerned an argument that the Tribunal could only have concluded there would have been additional bidders in the counterfactual if it could determine who those bidders would be. This ground was refused as, in summary, the argument underlying it had no realistic prospect of success.
Ground (4) related to the Tribunal's conclusions from complicated statistical evidence. This ground was refused on the basis that it disclosed no appeal on any question of law with any realistic prospect of success.
