Arkin v Borchard Line & Ors [2003] EWHC 687 (Comm)

High Court judgment (about 130 pages) rejecting a claim for damages by the owner of the former shipping company BCL against a UK/Northern Europe-Israel shipping conference.

Claims under Article 82 (for abuse of collective dominance through collective predatory pricing, fighting ships and rumour mongering) failed because the judge did not find it proved that the conduct was aimed at the elimination of BCL.

Claims under Article 81 failed because the conference members had demonstrated compliance with the applicable block exemption.

In addition, the judge considered questions of causation and found that the losses claimed were attributable to BCL's decision to cut prices and remain in the market rather than exit.

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, Article 82, UK courts.

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