United Kingdom

On behalf of the team

On 12 May 2023 the UK High Court ruled that that it is not the right forum to judge on Mercedes-Benz’s antitrust damages claim against Continental and ZF Friedrichtshafen.[1] This concerns a follow-on damage claim in light of the decision of the European Commission on information exchange on automotive brake parts. The court found that the forum for which the dispute has its closest and most real connexion is Germany, which is the natural forum for the dispute. To reach that conclusion, the court found relevant that both claimants and defendants have their headquarters in Germany, the addressees of the Commission’s decision are German entities, the infringement occurred in Germany and commonly in the German language, a great majority of the damages suffered by Mercedes was suffered in Germany, the evidence was in the German language and probably German law is applicable.

[1] Royal Courts of Justice 12 May 2023, [2023] EWHC 1143 (comm) (Mercedes-Benz / Continental et al).