Tesco Stores Ltd & Ors v Mastercard Incorporated & Ors [2015] EWHC 1145 (Ch) (24 April 2015)

Tesco Stores Ltd & Ors v Mastercard Incorporated & Ors [2015] EWHC 1145 (Ch) (24 April 2015)

The application for summary judgment or strike out is refused because the issues of whether the Tesco Claimants and Tesco Bank form a single economic entity for the purposes of the alleged infringement, and whether ex turpi causa applies, are context-specific, fact-dependent, and not suitable for summary determination without a full trial. There are reasonable grounds for further investigation and the claims have a real prospect of success.

Citation
[2015] EWHC 1145 (Ch)
Parties
Claimant/respondent: Tesco Stores Ltd; Claimant/respondent: Dobbies Garden Centres Ltd; Claimant/respondent: One Stop Stores Ltd; Defendant/applicant: MasterCard Incorporated; Defendant/applicant: MasterCard International Incorporated; Defendant/applicant: MasterCard Europe S. P. R. L.; Defendant/applicant: MasterCard UK Members Forum Ltd (in members' voluntary liquidation); Defendant/applicant: MasterCard/Europay UK Ltd
Jurisdiction
England and Wales
Judgment Date
24 April 2015
Procedural Posture
Application for Summary Judgment/strike Out / Interlocutory (application Under CPR 24/3.4(2))
Outcome
Application for summary judgment/strike out refused
Legal Topics
Summary Judgment, Strike Out, Ex Turpi Causa, Single Economic Entity, Article 101 TFEU, Competition Act 1998, Multilateral Interchange Fees (mifs)
Competition Law Civil Procedure Summary Judgment Strike Out Ex Turpi Causa Single Economic Entity Article 101 TFEU Competition Act 1998 +1 more

Case Brief

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Parties

Tesco Stores Ltd

Claimant/respondent

Dobbies Garden Centres Ltd

Claimant/respondent

One Stop Stores Ltd

Claimant/respondent

MasterCard Incorporated

Defendant/applicant

MasterCard International Incorporated

Defendant/applicant

MasterCard Europe S. P. R. L.

Defendant/applicant

MasterCard UK Members Forum Ltd (in members' voluntary liquidation)

Defendant/applicant

MasterCard/Europay UK Ltd

Defendant/applicant

Procedural Posture

Application for Summary Judgment/strike Out / Interlocutory (application Under CPR 24/3.4(2))

Legal Issues

  1. 1 Whether Tesco Claimants and Tesco Bank are part of a single economic entity for purposes of competition law
  2. 2 Whether Tesco Bank was a party to the alleged infringement of EU and UK competition law
  3. 3 Whether the maxim of ex turpi causa applies to bar the claims

Ratio Decidendi

The application for summary judgment or strike out is refused because the issues of whether the Tesco Claimants and Tesco Bank form a single economic entity for the purposes of the alleged infringement, and whether ex turpi causa applies, are context-specific, fact-dependent, and not suitable for summary determination without a full trial. There are reasonable grounds for further investigation and the claims have a real prospect of success.

Court Disposition

Application for summary judgment/strike out refused

Orders

  • Claims to proceed to trial
  • No summary judgment or strike out granted