Dahabshiil Transfer Services Ltd. v Barclays Bank Plc

Dahabshiil Transfer Services Ltd. v Barclays Bank Plc

There is a triable issue as to Barclays' dominance in the relevant market and possible abuse of that position; damages would not be an adequate remedy and balance of convenience favours granting interim injunctions to restrain Barclays from terminating banking services to claimants pending trial.

Parties
Claimant/applicant: Dahabshiil Transfer Services Limited; Defendant/respondent: Barclays Bank PLC; Claimant/applicant: Harada Limited; Claimant/applicant: Berkeley Credit and Guarantee Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2013
Procedural Posture
Application for Interim Injunction / Ruling on Interim Injunction
Outcome
Applications for interim injunctions granted.
Legal Topics
Abuse of Dominant Position, Interim Injunctions, Money Service Businesses, Objective Justification, Adequacy of Damages
Competition Law Banking Law Abuse of Dominant Position Interim Injunctions Money Service Businesses Objective Justification Adequacy of Damages

Case Brief

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Parties

Dahabshiil Transfer Services Limited

Claimant/applicant

Barclays Bank PLC

Defendant/respondent

Harada Limited

Claimant/applicant

Berkeley Credit and Guarantee Limited

Claimant/applicant

Procedural Posture

Application for Interim Injunction / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether Barclays holds a dominant position in the relevant market for banking services to money service businesses or money remitters
  2. 2 Whether Barclays' withdrawal of banking services constitutes abuse of dominant position under Article 102 TFEU and Competition Act 1998
  3. 3 Whether Barclays' conduct is objectively justified

Ratio Decidendi

There is a triable issue as to Barclays' dominance in the relevant market and possible abuse of that position; damages would not be an adequate remedy and balance of convenience favours granting interim injunctions to restrain Barclays from terminating banking services to claimants pending trial.

Court Disposition

Applications for interim injunctions granted.

Orders

  • Barclays restrained from terminating banking services to claimants pending trial or further order.
  • Parties to consider further directions and possible expedited trial.