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Court clutch control and private competition actions

Court clutch control and private competition actions
Published on: 01 March 2016
Published by: LexisPSL
  • Court clutch control and private competition actions
  • Original news
  • What are the reasons for the transfer from the High Court to the CAT in this case and how has it been transferred given the transitional provisions?
  • Could the possibility of transferring cases from the High Court to the CAT be a way of bypassing the transitional provisions for the CAT’s new rules (ie lodge a case at the High Court where it can’t be lodged before the CAT and then seek to transfer it)?
  • Is it possible that the transitional rules could be amended, for example when the government looks at the implementation of the EU Damages Directive?
  • Could there be more transfers on this basis, eg the other cases against MasterCard and Visa that are currently before the High Court?

Article summary

Competition analysis: Anneli Howard of Monckton Chambers looks at the issues raised following the transfer of the Sainsbury’s v MasterCard case from the High Court to the new Competition Appeal Tribunal (CAT) by order of Mr Justice Barling on 1 December 2015. or take a trial to read the full analysis.

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