Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors

Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors

A transfer to the CAT is appropriate given the complexity and scale of the proceedings, the CAT’s specialist expertise, the parties’ positions, and the absence of prejudice to the claimant’s claim or timetable. Limitation rules under CAT Rules do not affect the transferred claim, and additional costs for trial bundles do not outweigh the benefits of transfer.

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
30 November 2015
Procedural Posture
Civil (competition Law, Damages Claim) / Pre Trial, Transfer Order
Outcome
Transfer to Competition Appeal Tribunal ordered
Legal Topics
Transfer of Proceedings, Jurisdiction of Competition Appeal Tribunal, Limitation Periods, Case Management
Competition Law Civil Procedure Transfer of Proceedings Jurisdiction of Competition Appeal Tribunal Limitation Periods Case Management

Case Brief

Summary, issues, holding and outcome

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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 Law, Damages Claim) / Pre Trial, Transfer Order

Legal Issues

  1. 1 Whether the proceedings should be transferred to the Competition Appeal Tribunal (CAT) under section 16 of the Enterprise Act 2002 and related regulations
  2. 2 Whether limitation rules under CAT Rules 2003/2015 affect the transferred claim
  3. 3 Whether additional costs of trial bundles should be apportioned

Ratio Decidendi

A transfer to the CAT is appropriate given the complexity and scale of the proceedings, the CAT’s specialist expertise, the parties’ positions, and the absence of prejudice to the claimant’s claim or timetable. Limitation rules under CAT Rules do not affect the transferred claim, and additional costs for trial bundles do not outweigh the benefits of transfer.

Court Disposition

Transfer to Competition Appeal Tribunal ordered

Orders

  • Proceedings relating to section 47A claims and infringement issues are transferred to the CAT under section 16 of the Enterprise Act 2002 and the 2015 Regulations.
  • Order takes effect from 1 December 2015.