Justin Gutmann v First MTR South Western Trains Limited and Another [2025] CAT 38 (07 July 2025)

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BAILII >> Databases >> United Kingdom Competition Appeals Tribunal >> Justin Gutmann v First MTR South Western Trains Limited and Another [2025] CAT 38 (07 July 2025) URL: https://www.bailii.org/uk/cases/CAT/2025/38.html Cite as: [2025] CAT 38 [ New search ] [ Help ] Justin Gutmann v First MTR South Western Trains Limited and Another [2025] CAT 38 (07 July 2025) Registered 27/02/2019 Tribunal The Honourable Mr Justice Roth Simon Holmes Professor Robin Mason Status Application to commence collective proceedings under section 47B of the Competition Act 1998. The proposed collective proceedings would combine the claims for damages of a large number of rail passengers who are said to have suffered loss as a result of the conduct of the Proposed Defendants. A joint case management conference with Case 1305 took place on 9 April 2019. The Tribunal directed that the application in Case 1304 be heard with the equivalent application in Case 1305 (together, the "CPO Applications"). The deadline for any person with an interest (including any member of the proposed class) to object to the CPO Application(s) and/or the authorisation of the proposed class representative and/or to seek permission to make oral observations at the hearing of the CPO Applications was 4pm on 5 July 2019. At a pre-hearing review on 23 September 2019 the Tribunal granted the Proposed Defendants' application for a

stay of the main hearing of the CPO Applications pending the appeal to the Supreme Court in Merricks v Mastercard Inc (Case 1266). A preliminary issue in relation to funding arrangements listed for 7 November 2019 was vacated. The main hearing of the CPO Applications took place on 9-12 March 2021. The Tribunal issued its judgment on 19 October 2021 ( [2021 CAT 31 ). A CMC took place on 18 November 2021. On 3 December 2021 the Tribunal issued a ruling ( [2021] CAT 36 ) refusing the Respondents' application for permission to appeal the Tribunal's CPO Judgment and awarding the Class Representative his costs of the CPO application. The Tribunal made a CPO on 18 January 2022. The Class Representative's application for permission to amend the CPO include season tickets within the class definition was determined by the Tribunal on 10 November 2022 ( [2022] CAT 49 ). A joint CMC with cases 1304 and 1425 took place on 22 March 2023. The Tribunal issued its judgment on the Secretary of State for Transport's request to intervene in the proceedings on 6 April 2023 ( [2023] CAT 23 ). A CMC took place on 7 July 2023. A CMC took place on 27 September 2023. On 27 March 2024, the Class Representative and the Second Defendant in Case 1304 (Stagecoach South Western Trains Limited) filed a collective settlement approval application. The Tribunal Panel constituted to hear the application consists

of Hodge Malek KC (Chair), Hugh Kelly and Eamonn Doran (the Settlement Tribunal). On 4 April 2024 , the Chair made a Directions Order in advance of the hearing of the application which took place on 29 and 30 April 2024. On 10 May 2024, the Tribunal approved the collective settlement application. See the Tribunal's Judgment (SSWT Collective Settlement) [2024] CAT 32 and the Collective Settlement Approval Order. The trial of the issues arising in these proceedings has been split, with issues relating to the alleged abuse of dominance being determined first (the First Trial), followed by a determination of the issues relating to causation and the quantification of damages (the Second Trial), with the issues of market definition and dominance to be adjourned to a third trial. The First Trial took place between 17 June 2024 and 12 July 2024. Judgment is pending. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/uk/cases/CAT/2025/38.html