1147/5/7/09 (1) Moy Park Limited (2) Faccenda Group Limited (3) GW Padley Poultry Limited (4) O’Kane Poultry Limited v (1) Evonik Degussa GmbH (2) Degussa Limited

Claim form received on 22 December 2009. On 27 January 2010, the President made an Order requiring the Claimants, pursuant to Rule 63(3) of the Competition Appeal Tribunal Rules 2003 (“the Tribunal Rules”), to serve the claim form on the First Defendant by any method permissible by Part 6 of the Civil Procedure Rules (“CPR”) in respect of defendants domiciled outside the jurisdiction.

On 11 May 2010, the Chairman made an Order granting the Defendants permission to bring an additional claim, pursuant to Rule 38(1)(b) of the Tribunal Rules. On 19 May 2010, the Chairman made an Order, pursuant to Rules 34 and 35 of the Tribunal Rules, granting permission for O’Kane Poultry Limited to be joined as a claimant in these proceedings and for the claim form (and additional claim form) to be amended (which Order was varied by further Order on 20 May 2010). Proceedings in relation to both the claim and the additional claim were initially stayed on the terms of the Order of the Chairman dated 8 June 2010 (as amended).

A case management conference took place on 12 January 2011 at which the Chairman heard submissions from the parties on the appropriate future conduct of the claim. On 13 January 2011 the Chairman made an Order staying the proceedings (save in relation to paragraphs 3 and 4 of the Order) until the publication of the Tribunal’s judgment in connection with the application by Mersen UK Portslade Limited in case no. 1077/5/7/07 to reject the claim against it either for lack of jurisdiction or pursuant to rule 40 of the Tribunal Rules.

On 4 April 2011 the Chairman made a further Order extending the stay until the expiry of the period in which the claimants in case no. 1077/5/7/07 can apply for permission to appeal the Emerson Strike-Out Judgment pursuant to rule 58(1)(b) of the Tribunal Rules.

On 25 October 2011 the Chairman made a further Order extending the stay following the Court of Appeal granting the Emerson Claimants permission to appeal the Emerson Strike-Out Judgment on 11 October 2011.

By a consent Order dated 21 February 2012 all of the claims in the proceedings against the Defendants and Further Defendants were dismissed.