Deutsche Bahn AG and Others v MasterCard Incorporated and Others (Judgment (Abuse of process point) [2016] CAT 13 (27 July 2016)

Deutsche Bahn AG and Others v MasterCard Incorporated and Others (Judgment (Abuse of process point) [2016] CAT 13 (27 July 2016)

The Tribunal held that the claim was not an abuse of process and should not be struck out at this stage.

Citation
[2016] CAT 13
Parties
Claimant: Deutsche Bahn AG and Others; Defendant: MasterCard Incorporated and Others
Jurisdiction
United Kingdom
Judgment Date
27 July 2016
Procedural Posture
Competition Appeal / Judgment on Abuse of Process Point
Outcome
claim not struck out
Legal Topics
Abuse of Process, Competition Damages Claims
Competition Law Abuse of Process Competition Damages Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Deutsche Bahn AG and Others

Claimant

MasterCard Incorporated and Others

Defendant

Procedural Posture

Competition Appeal / Judgment on Abuse of Process Point

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process

Ratio Decidendi

The Tribunal held that the claim was not an abuse of process and should not be struck out at this stage.

Court Disposition

claim not struck out

Orders

  • The application to strike out the claim as an abuse of process is dismissed.