DSG Retail Ltd & Ors v Mastercard Incorporated & Ors

DSG Retail Ltd & Ors v Mastercard Incorporated & Ors

The claimants' case against the fifth defendant is arguable and involves mixed questions of fact and law regarding its liability as part of a single undertaking and association of undertakings; it cannot be struck out or determined summarily without a full trial and factual investigation.

Parties
Claimant: DSG Retail Limited; Claimant: DSG Retail Ireland Limited; Claimant: Dixons South East Europe AEVE; Claimant: Lefdal Elektromarket AS; Claimant: Elkjøp Norge AS; Claimant: Elkjøp Norge Grossist AS; Claimant: Dixons Travel BV; Claimant: Dixons Retail PLC; Claimant: DSG International Belgium BVBA; Claimant: Elgiganten A/S; Claimant: Gigantti OY; Claimant: Electro World Sverige AB; Claimant: Elegiganten AB; Claimant: Elgiganten Grossist AB; Defendant: MasterCard Incorporated; Defendant: MasterCard International Incorporated; Defendant: MasterCard Europe SPRL; Defendant: MasterCard UK Members Forum (In Members' Voluntary Liquidation); Defendant: MasterCard/Europay UK Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Strike Out/summary Judgment Application / Interlocutory Application
Outcome
Application dismissed
Legal Topics
Multilateral Interchange Fees, Association of Undertakings, Single Economic Unit, Article 101 TFEU, Article 102 TFEU, Rome II Regulation, Limitation Periods, Summary Judgment, Strike Out, Abuse of Process
Competition Law European Union Law Civil Procedure Multilateral Interchange Fees Association of Undertakings Single Economic Unit Article 101 TFEU Article 102 TFEU +5 more

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Parties

DSG Retail Limited

Claimant

DSG Retail Ireland Limited

Claimant

Dixons South East Europe AEVE

Claimant

Lefdal Elektromarket AS

Claimant

Elkjøp Norge AS

Claimant

Elkjøp Norge Grossist AS

Claimant

Dixons Travel BV

Claimant

Dixons Retail PLC

Claimant

DSG International Belgium BVBA

Claimant

Elgiganten A/S

Claimant

Gigantti OY

Claimant

Electro World Sverige AB

Claimant

Elegiganten AB

Claimant

Elgiganten Grossist AB

Claimant

MasterCard Incorporated

Defendant

MasterCard International Incorporated

Defendant

MasterCard Europe SPRL

Defendant

MasterCard UK Members Forum (In Members' Voluntary Liquidation)

Defendant

MasterCard/Europay UK Limited

Defendant

Procedural Posture

Strike Out/summary Judgment Application / Interlocutory Application

Legal Issues

  1. 1 Whether the fifth defendant can be jointly and severally liable for alleged infringements relating to EEA MIF, International MIF, and HACR after 11 January 2009
  2. 2 Whether the claim against the fifth defendant discloses reasonable grounds or constitutes abuse of process
  3. 3 Whether the claimants have a realistic prospect of success against the fifth defendant

Ratio Decidendi

The claimants' case against the fifth defendant is arguable and involves mixed questions of fact and law regarding its liability as part of a single undertaking and association of undertakings; it cannot be struck out or determined summarily without a full trial and factual investigation.

Court Disposition

Application dismissed

Orders

  • No part of the claims against the fifth defendant is struck out.
  • No summary judgment is granted against the claimants on the challenged claims.