Salmon firms argue ‘cartel’ allegations are beyond UK jurisdiction

In March last year it emerged that a group of seven UK supermarket businesses have filed a claim for £675m against salmon producers Bremnes Seashore, Cermaq, Grieg, Lerøy, SalMar, Mowi and their respective UK subsidiaries.

The claim relates to alleged collusion on salmon pricing between 2011 and 2019. The “cartel" allegation is currently being investigated by the European Commission, which last year stated that there is a case to answer, and called the companies concerned in for a three day hearing in Brussels.

The website Global Competition Review (“GCR”) reported this week that Daniel Jowell KC, counsel to Mowi, argued that EU infringement decisions are not something that the UK tribunal can give “any weight to” following the UK’s exit from the bloc, nor is the Tribunal obliged to hear any of the evidence and issue a ruling on such claims.

As the alleged infringement – which has still not been either upheld or ruled out by the European Commission – took place in Norway, Jowell argued, that is where any claim should be heard.

GCR reported that Anneli Howard KC, counsel to the claimant supermarkets, rejected that line of argument and said that it is “extraordinary” to claim that UK customers affected by a cartel that took place outside the UK cannot sue in London for the higher prices they paid in the UK.

The European Commission’s decision is, meanwhile, still awaited. In the UK, a separate class action on behalf of British consumers was launched in June last year.