On 16 November 2022, Mr Justice Foxton ordered the transfer from the Commercial Court to the Competition Appeal Tribunal (the “CAT”) of the standalone competition claim of our client JJH Enterprises Limited (trading as ValueLicensing) (“VL”) against Microsoft Corporation, Microsoft Limited and Microsoft Ireland Operations Limited.
The CAT has listed the case management conference for 9-10 May 2023.
The CAT was established by the Enterprise Act 2002 as a specialist competition and regulatory tribunal whose remit includes competition claims such as VL’s under the competition rules in Article 101 of the Treaty on the Functioning of the European Union (“TFEU”) and Article 102 TFEU, and Chapters I and II of the Competition Act 1998. These provisions cover agreements whose object or effect is to prevent restrict or distort competition, and abuse of dominant position. The CAT panels comprise a High Court Judge as Chair, with two other members who have expertise in finance, economics, law, accountancy and other related areas.
VL believes that the transfer to the CAT will accelerate the hearing of its case.