England and Wales Case Law

Phones 4U Limited (In Administration) v EE Limited & Ors

The Court found that none of the defendants engaged in anti-competitive collusion or concerted practices in breach of competition law; all decisions to withdraw from Phones 4U were taken independently and were commercially rational in the context of market developments, particularly the Dixons/CPW merger. The evidence did not support any unlawful exchange of confidential information or commitments between the MNOs. EE did not breach its contract with Phones 4U, as its decision not to renew was taken in accordance with its commercial interests and not in bad faith. Parent company liability and…

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• Concerted practices
• Anti-competitive agreements
• Breach of contract
• Implied duty of good faith
• Economic torts
• Parent company liability

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The Secretary of State for Health & Anor v Servier Laboratories Limited & Ors

The Court of Appeal held that the trial judge was entitled to determine the preliminary issue on a general basis without further disclosure from individual PCTs/Health Boards, as this approach was consistent with prior case management decisions and the overriding objective. Servier failed to articulate any clear, general standards for mitigation that could be applied across all PCTs/Health Boards, and thus could not complain that the judge did not rule on such standards. The appeal was dismissed.

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• Abuse of dominant position
• Anti-competitive agreements
• Mitigation of loss
• Disclosure
• Damages for breach of competition law

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Allergan PLC & Ors v Competition and Markets Authority

Allergan PLC & Ors v Competition and Markets Authority [2024] EWCA Civ 1023 (06 September 2024)

The Court of Appeal held that the CMA’s Chapter I case was properly put to witnesses, overturned the Tribunal’s dishonesty findings, and reinstated the infringement findings.

• Chapter i prohibition
• Market definition
• Anti-competitive agreements
• Due process in competition appeals
• Strict liability
• Sham agreements

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Allergan PLC & Ors v The Competition and Markets Authority

The CMA's case was properly put to the witnesses and did not require allegations of dishonesty. The Tribunal erred in its procedural approach by issuing provisional findings and requiring further hearings. The Tribunal's findings as to anti-competitive agreements and market definition were supported by the evidence. The companies' appeals from the CMA's Decision are dismissed and the CMA's Decision is reinstated, excluding findings of dishonesty.

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• Chapter i prohibition
• Anti-competitive agreements
• Market definition
• Due process
• Cross-examination
• Dishonesty in competition law

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The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2023] EWCA Civ 763 (03 July 2023)

The Court of Appeal upheld the dismissal of Servier’s appeal, holding that the mitigation defence over perindopril did not require further disclosure from all PCTs or Health Boards.

• Abuse of dominance
• Anti-competitive agreements
• Mitigation of loss
• Disclosure
• Damages
• Healthcare regulation

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JJH ENTERPRISES LIMITED v MICROSOFT CORPORATION & ORS.

The High Court refused Microsoft’s applications to strike out or summarily dismiss competition claims and rejected a forum non conveniens stay.

• Abuse of dominant position
• Anti-competitive agreements
• Joint and several liability
• Jurisdiction
• Forum non conveniens
• Competition-law

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JJH Enterprises Ltd (Trading As ValueLicensing) v Microsoft Corporation & Ors

JJH Enterprises Ltd (Trading As ValueLicensing) v Microsoft Corporation & Ors [2022] EWHC 929 (Comm) (14 April 2022)

The Commercial Court rejected Microsoft’s strike-out, summary judgment, and jurisdiction challenges in a competition claim brought by ValueLicensing over alleged anti-resale licensing terms.

• Abuse of dominant position
• Anti-competitive agreements
• Jurisdiction
• Summary judgment
• Strike-out applications
• Forum non conveniens

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The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2022] EWHC 369 (Ch) (21 February 2022)

Preliminary issues in Servier perindopril damages claims; the court rejected the argument that health authorities should have promoted switching to cheaper ACE inhibitors.

• Abuse of dominance
• Anti-competitive agreements
• Damages
• Mitigation of loss
• Causation
• Remoteness

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Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor

Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor [2021] EWHC 491 (Pat) (04 March 2021)

Case management decision in a patents and competition claim. The court refused a split trial and transfer out of the Patents Court, and ordered disclosure under PD51U.

• Unjustified threats of patent infringement
• Abuse of dominance
• Anti-competitive agreements
• Passing off
• Disclosure procedure
• Case management

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Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor

The High Court refused a split trial and kept the case in the Patents Court, directing that liability, causation and quantum be tried together.

• Unjustified threats of patent infringement
• Abuse of dominance
• Anti-competitive agreements
• Passing off
• Disclosure procedure
• Split trial applications

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