Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2014] EWHC 3561 (Comm) (30 October 2014)

Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2014] EWHC 3561 (Comm) (30 October 2014)

The limitation period is not postponed under section 32(1)(b) of the Limitation Act 1980 where the Claimants were in possession of sufficient facts to plead a complete cause of action before the Limitation Dates. The facts alleged to have been concealed were either not essential to the cause of action or were discoverable with reasonable diligence from public sources prior to the Limitation Dates. Therefore, claims relating to periods before the Limitation Dates are time-barred and must be struck out or dismissed.

Citation
[2014] EWHC 3561 (Comm)
Parties
Claimant: Arcadia Group Brands Limited and others; Claimant: Asda Stores Limited; Claimant: B&Q Plc; Claimant: Comet Group Limited (in liquidation); Claimant: Debenhams Retail Plc and others; Claimant: House of Fraser (Stores) Limited; Claimant: Iceland Foods Limited; Claimant: New Look Retailers Limited; Claimant: Next Retail Limited; Claimant: Record 2 Shop Limited (in liquidation); Claimant: WM Morrison Supermarkets Plc; Claimant: Argos Limited and others; Defendant: Visa Inc; Defendant: Visa International Service Association; Defendant: Visa Europe Limited; Defendant: Visa Europe Services Inc; Defendant: Visa UK Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Commercial Court Competition Damages Claim / Application to Strike Out or for Summary Judgment on Limitation Grounds
Outcome
Application granted in part; claims relating to periods before the Limitation Dates are struck out or dismissed as time-barred.
Legal Topics
Limitation of Actions, Breach of Statutory Duty, Article 101 TFEU, Competition Act 1998, Multilateral Interchange Fees (mifs), Summary Judgment, Strike Out Applications
Competition Law Commercial Law Limitation of Actions Breach of Statutory Duty Article 101 TFEU Competition Act 1998 Multilateral Interchange Fees (mifs) Summary Judgment +1 more

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Parties

Arcadia Group Brands Limited and others

Claimant

Asda Stores Limited

Claimant

B&Q Plc

Claimant

Comet Group Limited (in liquidation)

Claimant

Debenhams Retail Plc and others

Claimant

House of Fraser (Stores) Limited

Claimant

Iceland Foods Limited

Claimant

New Look Retailers Limited

Claimant

Next Retail Limited

Claimant

Record 2 Shop Limited (in liquidation)

Claimant

WM Morrison Supermarkets Plc

Claimant

Argos Limited and others

Claimant

Visa Inc

Defendant

Visa International Service Association

Defendant

Visa Europe Limited

Defendant

Visa Europe Services Inc

Defendant

Visa UK Limited

Defendant

Procedural Posture

Commercial Court Competition Damages Claim / Application to Strike Out or for Summary Judgment on Limitation Grounds

Legal Issues

  1. 1 Whether claims for breaches of competition law prior to the Limitation Dates are time-barred under the Limitation Act 1980
  2. 2 Whether section 32(1)(b) of the Limitation Act 1980 postpones the limitation period due to alleged deliberate concealment of facts by the Defendants
  3. 3 Whether the Claimants had or could with reasonable diligence have discovered all facts relevant to their right of action before the Limitation Dates

Ratio Decidendi

The limitation period is not postponed under section 32(1)(b) of the Limitation Act 1980 where the Claimants were in possession of sufficient facts to plead a complete cause of action before the Limitation Dates. The facts alleged to have been concealed were either not essential to the cause of action or were discoverable with reasonable diligence from public sources prior to the Limitation Dates. Therefore, claims relating to periods before the Limitation Dates are time-barred and must be struck out or dismissed.

Court Disposition

Application granted in part; claims relating to periods before the Limitation Dates are struck out or dismissed as time-barred.

Orders

  • Claims for breaches of competition law prior to the Limitation Dates (23 July 2007 or 4 October 2007, as applicable) are struck out or dismissed.
  • Proceedings may continue in respect of claims arising after the Limitation Dates.