JJH ENTERPRISES LIMITED v MICROSOFT CORPORATION & ORS.

JJH ENTERPRISES LIMITED v MICROSOFT CORPORATION & ORS.

A claim against Microsoft UK as part of a single economic entity/undertaking is sufficiently pleaded and has realistic prospects of success under EU competition law principles, particularly as articulated in Sumal. Implementation of anti-competitive agreements by Microsoft UK is also arguably sufficient for liability. The applications for strike-out, summary judgment, and stay are dismissed as the case is properly pleaded and England and Wales is the appropriate forum.

Parties
Claimant/respondent: JJH Enterprises Limited (trading as ValueLicensing); Defendant/applicant: Microsoft Corporation; Defendant/applicant: Microsoft Limited; Defendant/applicant: Microsoft Ireland Operations Limited
Jurisdiction
England and Wales
Judgment Date
14 April 2022
Procedural Posture
Commercial Court Claim / Ruling on Strike Out/summary Judgment and Jurisdiction/stay Applications
Outcome
Applications for strike-out, summary judgment, and stay dismissed.
Legal Topics
Abuse of Dominant Position, Anti Competitive Agreements, Joint and Several Liability, Jurisdiction, Forum Non Conveniens
Competition Law Commercial Law Abuse of Dominant Position Anti Competitive Agreements Joint and Several Liability Jurisdiction Forum Non Conveniens

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Parties

JJH Enterprises Limited (trading as ValueLicensing)

Claimant/respondent

Microsoft Corporation

Defendant/applicant

Microsoft Limited

Defendant/applicant

Microsoft Ireland Operations Limited

Defendant/applicant

Procedural Posture

Commercial Court Claim / Ruling on Strike Out/summary Judgment and Jurisdiction/stay Applications

Legal Issues

  1. 1 Whether the claim against Microsoft UK should be struck out or dismissed by summary judgment for lack of reasonable grounds or prospects of success
  2. 2 Whether Microsoft UK can be liable as part of a single economic entity/undertaking for alleged breaches of competition law
  3. 3 Whether implementation of anti-competitive agreements by Microsoft UK is sufficient for liability

Ratio Decidendi

A claim against Microsoft UK as part of a single economic entity/undertaking is sufficiently pleaded and has realistic prospects of success under EU competition law principles, particularly as articulated in Sumal. Implementation of anti-competitive agreements by Microsoft UK is also arguably sufficient for liability. The applications for strike-out, summary judgment, and stay are dismissed as the case is properly pleaded and England and Wales is the appropriate forum.

Court Disposition

Applications for strike-out, summary judgment, and stay dismissed.

Orders

  • Microsoft UK's strike-out/summary judgment application dismissed.
  • Microsoft US and Microsoft Ireland's jurisdiction/stay application dismissed.