JJH Enterprises Ltd (Trading As ValueLicensing) v Microsoft Corporation & Ors [2022] EWHC 929 (Comm) (14 April 2022)

JJH Enterprises Ltd (Trading As ValueLicensing) v Microsoft Corporation & Ors [2022] EWHC 929 (Comm) (14 April 2022)

The claim against Microsoft UK should not be struck out or dismissed on summary judgment because, applying the Sumal decision, it is sufficient that Microsoft UK is alleged to be part of the same economic entity/undertaking as the other defendants, and the claim is properly pleaded on that basis. Alternatively, there is a realistic prospect that Microsoft UK implemented the alleged anti-competitive conduct. The issues raised are not suitable for summary determination and should proceed to trial.

Citation
[2022] EWHC 929 (Comm)
Parties
Claimant/respondent: JJH Enterprises Limited (trading as ValueLicensing); First Defendant/applicant: Microsoft Corporation; Second Defendant/applicant: Microsoft Limited; Third Defendant/applicant: Microsoft Ireland Operations Limited
Jurisdiction
England and Wales
Judgment Date
14 April 2022
Procedural Posture
Commercial Court Claim for Damages for Alleged Competition Law Breaches / Interlocutory Applications: Strike Out/summary Judgment and Jurisdiction/stay Challenge
Outcome
Applications dismissed
Legal Topics
Abuse of Dominant Position, Anti Competitive Agreements, Jurisdiction, Summary Judgment, Strike Out Applications, Forum Non Conveniens
Competition Law Commercial Law Civil Procedure Abuse of Dominant Position Anti Competitive Agreements Jurisdiction Summary Judgment Strike Out Applications +1 more

Case Brief

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Parties

JJH Enterprises Limited (trading as ValueLicensing)

Claimant/respondent

Microsoft Corporation

First Defendant/applicant

Microsoft Limited

Second Defendant/applicant

Microsoft Ireland Operations Limited

Third Defendant/applicant

Procedural Posture

Commercial Court Claim for Damages for Alleged Competition Law Breaches / Interlocutory Applications: Strike Out/summary Judgment and Jurisdiction/stay Challenge

Legal Issues

  1. 1 Whether the claim against Microsoft UK should be struck out or dismissed on summary judgment for lack of reasonable grounds or prospects of success
  2. 2 Whether the Particulars of Claim sufficiently plead a case against Microsoft UK under Articles 101/102 TFEU and equivalent provisions
  3. 3 Whether Microsoft UK can be liable as part of a single economic entity/undertaking for competition law breaches

Ratio Decidendi

The claim against Microsoft UK should not be struck out or dismissed on summary judgment because, applying the Sumal decision, it is sufficient that Microsoft UK is alleged to be part of the same economic entity/undertaking as the other defendants, and the claim is properly pleaded on that basis. Alternatively, there is a realistic prospect that Microsoft UK implemented the alleged anti-competitive conduct. The issues raised are not suitable for summary determination and should proceed to trial.

Court Disposition

Applications dismissed

Orders

  • Microsoft UK's application to strike out or for summary judgment is dismissed.
  • The jurisdiction/stay challenge by Microsoft US and Microsoft Ireland is dismissed as regards forum non conveniens.