Jones Day’s London arm is taking a key role in a landmark case this week to determine for the first time whether the US Government should be able to extradite a British citizen accused of price-fixing. Jones Day litigation partner Craig Shuttleworth is representing pharmaceutical company Goldshields, which is intervening in the High Court case that will decide whether British businessman Ian Norris should be extradited to the US.
Norris is appealing a magistrates’ court decision to extradite Norris for alleged price-fixing in carbon cartels during his time as chief executive of engineering group Morgan Crucible. The case started this week (17 October).
However, Goldshields has become involved because it is contesting a similar point of law on ‘conspiracy to defraud’, in its dispute with the Serious Fraud Office (SFO). The SFO is alleging Goldshields was involved in the price-fixing of drugs to the NHS.
White & Case head of dispute resolution Alistair Graham, who is representing Norris, said: "The attempt to recharacterise price-fixing as the old English offence of conspiracy to defraud is an absolutely critical point, not only in this case and therefore for future potential extradition requests, but also for UK competition law and UK businesses in general."
He added that nobody in the UK had ever been prosecuted for price-fixing under the banner of ‘conspiracy to defraud’ and that if the claim was successful, a large number of people in business could be exposed to similar charges retrospectively. "They may face charges for actions they had no idea were criminal," he said.
Jones Day has instructed competition heavyweight David Vaughan QC of Brick Court Chambers. The SFO will be represented by competition barristers James Flynn and Richard Lissack QCs of Brick Court and Outer Temple Chambers respectively.
White & Case has instructed Richard Gordon QC and Martin Chamberlain of Brick Court. The US Government and Secretary of State will be represented by Treasury solicitor Christopher Ashford, who has instructed Davis Perry QC and Adina Ezekiel of 6 King’s Bench Walk and Khawar Qureshi of Serle Court.