Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors [2013] EWHC 4554 (Ch) (19 December 2013)

Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors [2013] EWHC 4554 (Ch) (19 December 2013)

The application for a preliminary issue on ex turpi causa is refused because it would not necessarily dispose of the claim, would not save significant costs or time, and would likely require substantial factual and legal inquiry. The disclosure application is granted in the terms of the defendants' draft, limiting disclosure to relevant documents from May 2006 onward and deferring disclosure of documents created for regulatory investigations pending input from the authorities.

Citation
[2013] EWHC 4554 (Ch)
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
Competition Damages Claim / Case Management Conference (cmc) With Applications for Preliminary Issue and Disclosure
Outcome
Defendants' application for trial of a preliminary issue refused; claimant's disclosure application granted in part as per defendants' draft order.
Legal Topics
Interchange Fees, Article 101 TFEU, Chapter I Competition Act 1998, Disclosure, Preliminary Issues, Ex Turpi Causa, Declaratory Relief
Competition Law Civil Procedure Interchange Fees Article 101 TFEU Chapter I Competition Act 1998 Disclosure Preliminary Issues Ex Turpi Causa +1 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

Competition Damages Claim / Case Management Conference (cmc) With Applications for Preliminary Issue and Disclosure

Legal Issues

  1. 1 Whether the claim is barred by ex turpi causa due to claimant's participation in the alleged infringement
  2. 2 Whether to order trial of a preliminary issue on ex turpi causa
  3. 3 Scope and procedure for disclosure of documents

Ratio Decidendi

The application for a preliminary issue on ex turpi causa is refused because it would not necessarily dispose of the claim, would not save significant costs or time, and would likely require substantial factual and legal inquiry. The disclosure application is granted in the terms of the defendants' draft, limiting disclosure to relevant documents from May 2006 onward and deferring disclosure of documents created for regulatory investigations pending input from the authorities.

Court Disposition

Defendants' application for trial of a preliminary issue refused; claimant's disclosure application granted in part as per defendants' draft order.

Orders

  • No order for trial of preliminary issue on ex turpi causa.
  • Standard disclosure on liability (including exemption) by defendants by 11 April 2014, limited to relevant documents from 23 May 2006 onward.