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It gets worse
In the light of the data which Pirelli did in fact pass to Mercedes by way of the confidential email referred to under paragraph 37.8 above relating to trackside engineering reports, it is plain beyond sensible argument that Pirelli had intended confidentially to pass some data to Mercedes, which Pirelli expressly regarded as being of high importance even if, as we accept, it was in fact of limited value to Mercedes because it was unaware of the tyres to which the report related.
Both Mercedes and Pirelli, accordingly, did act in breach of articles 1 and 151 ISC.