Unlockd Ltd & Ors v Google Ireland Ltd & Ors (Rev 1)

Unlockd Ltd & Ors v Google Ireland Ltd & Ors (Rev 1)

Permission to serve Google LLC out of jurisdiction is granted only for claims under Article 102/Chapter II relating to conduct implemented within the EU, as EU competition law does not extend to conduct outside the EU absent immediate and substantial effects in the EU. The claim under Article 101/Chapter I is not sustainable as the Google group constitutes a single undertaking.

Parties
Claimant: Unlockd Limited; Claimant: Unlockd Media Technology Limited; Claimant: Unlockd Media Operations Limited; Defendant: Google Ireland Limited; Defendant: Google Commerce Limited; Defendant: Google LLC
Jurisdiction
England and Wales
Judgment Date
25 May 2018
Procedural Posture
Commercial Competition Law Claim / Application for Permission to Serve Out of Jurisdiction and Jurisdictional Challenge
Outcome
Permission granted in part; permission refused in part
Legal Topics
Abuse of Dominant Position, Extraterritorial Application, Service Out of Jurisdiction, Injunctions, Damages
Competition Law Jurisdiction Abuse of Dominant Position Extraterritorial Application Service Out of Jurisdiction Injunctions Damages

Case Brief

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Parties

Unlockd Limited

Claimant

Unlockd Media Technology Limited

Claimant

Unlockd Media Operations Limited

Claimant

Google Ireland Limited

Defendant

Google Commerce Limited

Defendant

Google LLC

Defendant

Procedural Posture

Commercial Competition Law Claim / Application for Permission to Serve Out of Jurisdiction and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court has jurisdiction over Google LLC for alleged breaches of EU and UK competition law implemented outside the EU
  2. 2 Whether the claimants can obtain global relief under EU competition law for conduct affecting markets outside the EU
  3. 3 Whether the claim under Article 101 TFEU/Chapter I Competition Act is sustainable against Google group companies

Ratio Decidendi

Permission to serve Google LLC out of jurisdiction is granted only for claims under Article 102/Chapter II relating to conduct implemented within the EU, as EU competition law does not extend to conduct outside the EU absent immediate and substantial effects in the EU. The claim under Article 101/Chapter I is not sustainable as the Google group constitutes a single undertaking.

Court Disposition

Permission granted in part; permission refused in part

Orders

  • Permission to serve proceedings out of jurisdiction on Google LLC granted for Article 102/Chapter II claim restricted to conduct in the EU
  • Permission refused for Article 101/Chapter I claim