Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors

Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors

The application for a preliminary issue on ex turpi causa is refused because it would not necessarily dispose of the entire claim, would not save costs or time, and would likely require substantial factual and legal inquiry, potentially causing delay and distraction from the main trial. The disclosure application is resolved largely by agreement, with the court ruling that standard disclosure should apply to pre-existing documents disclosed to authorities, and that disclosure of documents created for competition investigations should await submissions from the authorities, adopting the defendants’ proposed procedure.

Parties
Claimant: Sainsbury’s Supermarkets Limited; Defendant: MasterCard Incorporated; Defendant: MasterCard International Incorporated; Defendant: MasterCard Europe S. P. R. L.
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Civil (competition/commercial) / Case Management Conference (cmc) – Applications for Preliminary Issue and Disclosure
Outcome
Defendants’ application for a preliminary issue refused; disclosure directions given as per judgment.
Legal Topics
Interchange Fees, Ex Turpi Causa, Disclosure, Preliminary Issues, Article 101 TFEU, Competition Act 1998, Declaratory Relief
Competition Law Commercial Law Civil Procedure Interchange Fees Ex Turpi Causa Disclosure Preliminary Issues Article 101 TFEU +2 more

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Parties

Sainsbury’s Supermarkets Limited

Claimant

MasterCard Incorporated

Defendant

MasterCard International Incorporated

Defendant

MasterCard Europe S. P. R. L.

Defendant

Procedural Posture

Civil (competition/commercial) / Case Management Conference (cmc) – Applications for Preliminary Issue and Disclosure

Legal Issues

  1. 1 Whether the claim is barred by ex turpi causa due to claimant's involvement in the alleged infringement
  2. 2 Whether a preliminary issue should be ordered on ex turpi causa
  3. 3 Scope and timing of disclosure obligations

Ratio Decidendi

The application for a preliminary issue on ex turpi causa is refused because it would not necessarily dispose of the entire claim, would not save costs or time, and would likely require substantial factual and legal inquiry, potentially causing delay and distraction from the main trial. The disclosure application is resolved largely by agreement, with the court ruling that standard disclosure should apply to pre-existing documents disclosed to authorities, and that disclosure of documents created for competition investigations should await submissions from the authorities, adopting the defendants’ proposed procedure.

Court Disposition

Defendants’ application for a preliminary issue refused; disclosure directions given as per judgment.

Orders

  • No preliminary issue to be tried on ex turpi causa.
  • Standard disclosure on liability (including exemption) by defendants by 11 April 2014, except for documents created for competition investigations.