7.2. McLaren described the file ‘21aspec.tif' as being a ‘screen grab' of a confidential McLaren document called the ‘MP4-22A Technical Specification' sheet. This technical specification sets out the principal dimensions of the McLaren 2007
F1 car. It was issued by McLaren on 16 July 2006. The file e-mailed was a screen grab because the original McLaren document had security features that would not allow it to be printed or saved locally.
7.3. Mackereth and Renault have both denied that the file ‘21aspec.tif' was sent to anyone in Renault by Mackereth and the WMSC has seen no evidence that suggests that the file was seen, accessed, copied, printed or otherwise used or discussed by anyone in Renault, other than Mackereth. Although it is deeply unsatisfactory that Mackereth might have evaded McLaren's security protections and taken a ‘screen grab' of such a sensitive document, the fact that he did so is only relevant to this enquiry if there is evidence of Renault having been influenced as a result. The WMSC has no such evidence.
8.
WMSC's assessment
8.1. The WMSC has carefully considered the evidence and submissions of all parties.
8.2. It has concluded that a clear breach of Article 151(c) has occurred. This is conceded by
Renault.
8.3. It emerges from the written and oral submissions made (and it is admitted by Renault) that different Renault engineers received and considered four confidential McLaren drawings from Mackereth.
8.4. It is common ground between Renault and McLaren that Mackereth took a more significant volume of information from
McLaren. This included confidential information as well as materials that were copyrighted to other parties (e.g. materials received while on external training courses), and Mackereth's personal financial information. However, having heard the evidence it emerges that Renault never had possession or knowledge of the large majority of this volume.
