Approved Judgment
Neutral Citation Number: [2007] EWHC 1373 (Ch) Case No: HC06C03700 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION Royal Courts of Justice Strand, London, WC2A 2LL 15/06/2007 Before : THE HONOURABLE MR JUSTICE RIMER - - - - - - - - - - - - - - - - - - - - - Between : 1) CHESTER CITY COUNCIL Claimants 2) CHESTER CITY TRANSPORT LIMITED - and - 1) ARRIVA PLC Defendants 2) ARRIVA CYMRU LIMITED 3) ARRIVA NORTH WEST LIMITED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Mark Brealey QC and Mr Gerard Rothschild (instructed by DLA Piper UK LLP) for the Claimants Mr Thomas Sharpe QC, Mr Paul Harris and Mr Conall Patton (instructed by Dickinson Dees LLP) for the Defendants Hearing dates: 22, 23, 26, 27, 28 February, 1, 2, 5, 6, 7, 22 and 23 March 2007 - - - - - - - - - - - - - - - - - - - - - Approved Judgment I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic. ............................. THE HONOURABLE MR JUSTICE RIMER MR JUSTICE RIMER : Introduction 1. The claimants are Chester City Council (“the Council”) and Chester City Transport Limited (“CCT”). The Council owns all the issued shares of CCT, a bus company providing services in and around the City of Chester. CCT trades as “ChesterBus”. The defendants are Arriva plc, Arriva Cymru Limited and Arriva North West Limited (“Arriva”). The claimants seek declarations, injunctions and damages founded on their assertion that, in breach of section 18 of the Competition Act 1998, Arriva has abused what is said to be its dominant position in the relevant bus market by threatening predatory behaviour directed at driving CCT out of business.
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