Paul Hastings Represents Bord na Mona PLC in Successful Defeat of Application for Strike Out of its Claim and Summary Judgment

December 05, 2012

Paul Hastings LLP, a leading global law firm, announced today that it represented Bord na Mona in its successful defeat of British Polythene Industries plcs (BPIs) motion to strike Bord na Monas damages claims.

Bord na Mona filed a lawsuit in Englands High Court of Justice last year against BPI and others, following a 2005 European Commission decision fining defendants and others for their role in a pan-European industrial bags cartel operating from 1982 to 2002. Bord na Mona, an Irish public utility company, had purchased plastic industrial bags from defendants during that period for its wholesale and retail supply of peat and other horticultural goods.

BPI argued that because the European Commission decision did not address the effects of the cartel in the United Kingdom or Ireland, Bord na Mona could not claim damages arising from those effects. Justice Flaux of the High Court of Justice, Queens Bench Division, Commercial Court, rejected this argument, finding that Bord na Monas claim gave rise to an arguable case that defendants had engaged in collusive activity resulting in Bord na Monas payment of anticompetitive prices, and that Bord na Monas case could continue. Justice Flaux also denied BPI permission to appeal the judgment.

The case is Bord na Mona Limited and Bord na Mona plc v British Polythene Industries plc & Others, Claim No. 2011 Folio 1442.

Paul Hastings partners Michael Cohen and Michelle Duncan led the Paul Hastings team that included partners Andreas Stargard, Pierre Kirch and associate Katie Wood.

Paul Hastings LLP is a leading global law firm with offices in Asia, Europe, and the United States. We provide innovative legal solutions to financial institutions and Fortune 500 companies. Please visit www.paulhastings.com for more information.