UPC CoA, 14 May 2025, Hisense v Corning: dismissal of discretionary review in appeal of order not to separate proceedings
08-07-2025 Print this page
Request dismissed for discretionary review in appeal of panel confirmation of order of the judge-rapporteur not to separate proceedings against unrelated defendants (R. 220.3 RoP, R. 303.2 RoP).
It is at the discretion of the court to separate proceedings. The Court must consider the legitimate interests of both parties and the public interest In a situation such as the present one, where several unrelated companies are involved in the proceedings, the parties can have a legitimate interest in maintaining confidentiality of business information. Furthermore, the legal proceedings should safeguard mutual uncertainty at least as to the timing, extent and details of any future changes in the conduct of competitors on the market.
Preventing other defendants from obtaining access to confidential information can be realised by making use of confidentiality clubs (R. 262A RoP).
