Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2015] EWCA Civ 883 (05 August 2015)

Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2015] EWCA Civ 883 (05 August 2015)

The limitation period for competition damages claims is not postponed under section 32(1)(b) Limitation Act 1980 where the claimants had sufficient knowledge to plead a complete cause of action more than six years before proceedings were issued. Facts that merely strengthen the case or improve prospects of success do not qualify as relevant facts for the purposes of postponing limitation. EU law does not require a different approach, and the Damages Directive is not retrospective.

Citation
[2015] EWCA Civ 883
Parties
Claimants/appellants: Arcadia Group Brands Limited and others; Claimant/appellant: ASDA Stores Limited; Claimant/appellant: B&Q PLC; Claimant/appellant: Comet Group Limited (in liquidation); Claimant/appellant: Debenhams Retail PLC and others; Claimant/appellant: House of Fraser (Stores) Limited; Claimant/appellant: Iceland Foods Limited; Claimant/appellant: New Look Retailers Limited; Claimant/appellant: Next Retail Limited; Claimant/appellant: Record Shop 2 Limited (in liquidation) and others; Claimant/appellant: WM Morrison Supermarkets PLC; Defendant/respondent: Visa Inc; Defendant/respondent: Visa International Service Association; Defendant/respondent: Visa Europe Limited; Defendant/respondent: Visa Europe Services Inc; Defendant/respondent: Visa UK Limited
Jurisdiction
England and Wales
Judgment Date
05 August 2015
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Strike Out in Commercial Court
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Deliberate Concealment, Article 101 TFEU, Section 32 Limitation Act 1980, Private Damages Actions, Summary Judgment, Strike Out Applications
Competition Law Civil Procedure European Union Law Limitation Periods Deliberate Concealment Article 101 TFEU Section 32 Limitation Act 1980 Private Damages Actions +2 more

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Parties

Arcadia Group Brands Limited and others

Claimants/appellants

ASDA Stores Limited

Claimant/appellant

B&Q PLC

Claimant/appellant

Comet Group Limited (in liquidation)

Claimant/appellant

Debenhams Retail PLC and others

Claimant/appellant

House of Fraser (Stores) Limited

Claimant/appellant

Iceland Foods Limited

Claimant/appellant

New Look Retailers Limited

Claimant/appellant

Next Retail Limited

Claimant/appellant

Record Shop 2 Limited (in liquidation) and others

Claimant/appellant

WM Morrison Supermarkets PLC

Claimant/appellant

Visa Inc

Defendant/respondent

Visa International Service Association

Defendant/respondent

Visa Europe Limited

Defendant/respondent

Visa Europe Services Inc

Defendant/respondent

Visa UK Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Strike Out in Commercial Court

Legal Issues

  1. 1 Whether section 32(1)(b) Limitation Act 1980 postpones the limitation period for competition damages claims due to alleged deliberate concealment by Visa defendants
  2. 2 Whether the claims for damages prior to six years before issue are time-barred
  3. 3 Whether EU law requires a different approach to limitation in competition damages claims

Ratio Decidendi

The limitation period for competition damages claims is not postponed under section 32(1)(b) Limitation Act 1980 where the claimants had sufficient knowledge to plead a complete cause of action more than six years before proceedings were issued. Facts that merely strengthen the case or improve prospects of success do not qualify as relevant facts for the purposes of postponing limitation. EU law does not require a different approach, and the Damages Directive is not retrospective.

Court Disposition

Appeal dismissed

Orders

  • Claims for damages or restitution in respect of periods earlier than six years prior to commencement of proceedings are dismissed as time-barred
  • References to earlier claims, dates, and periods are struck out or amended