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ChrisN

This is the latest news from Cousins slanted towards their case with Swatch but it is about the same case.

Earlier this week, the European General Court gave its ruling in the case that CEAHR brought against the EU Commission. The Court ruled that it could not overturn the findings of the second Commission investigation, which was closed on the ground of ‘administrative priorities’. The Commission is under no obligation to investigate every complaint if it believes there is insufficient justification for the costs of an investigation. The Court confirmed the Commission’s assessment, and found that the Commission was within its powers to close the investigation without making a final finding of infringement or non-infringement. This ruling has not changed anything for Cousins in its legal dispute with Swatch, and the English courts remain free to find that that the conduct of the Swiss watch manufacturers is anti-competitive.

The onus was always on CEAHR to demonstrate where the Commission had got its reasoning wrong, and reading through the judgment it becomes clear that CEAHR just did not produce sufficient evidence to support their arguments, refuting the findings of the EU Commission.

From the moment Cousins first considered taking action against Swatch, we knew that evidence was the key to winning. We applied to be an intervener in support of the CEAHR position and the need for an investigation, in the same way LVMH, Rolex, and Swatch intervened to support the closure of the investigation. The EU Court refused our application on the basis that CEAHR represent watch repairers, and as Cousins is a parts supplier not a repairer, we were not directly involved in the European proceedings. The opportunity for Cousins to present its arguments and evidence proving the anti-competitive nature of Swatch’s conduct to the English High Court will come in due course.

Kind Regards

Anthony Cousins
Managing Director, Cousins Material House Ltd.

The original is here. From their point of view, it means they'll still be pursuing Swatch through the courts. I can't see this comingto a conclusion soon.

Cheers, Chris