1268/5/7/16 Europcar UK Limited and Others v MasterCard Incorporated and Others

Claim for damages under section 47A of the Competition Act 1998 based on the decision of the European Commission dated 19 December 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/34.579 MasterCard, COMP/36.518 EuroCommerce and COMP/38.580 Commercial Cards).

An application for permission to serve the claim form out of the jurisdiction on two defendants was determined on the papers by the President on 12 September 2016. An application by the Defendants to contest the jurisdiction of the Tribunal was filed on 25 January 2017.

A joint case management conference with Cases 1236, 1264 and 1265 listed for 9 October 2017 was vacated. On 9 October 2017 the President made an order giving case management directions for the joint hearing of the Defendants’ application with the equivalent applications in Cases 1236, 1264 and 1265. A joint case management conference with Cases 1236, 1264 and 1265 listed for 8 March 2018 was vacated.

A joint hearing with Cases 1236, 1264 and 1265 on a preliminary issue took place on 8 and 9 October 2018. On 14 February 2019, the Tribunal handed down its judgment on that preliminary issue. The Tribunal dismissed the application by the defendants asserting that claims in relation to the period from 22 May 1992 to 20 June 2003 were time-barred pursuant to Rule 31(4) of the Competition Appeal Tribunal Rules 2003 and section 32 of the Limitation Act 1980 ([2019] CAT 5).

On 9 April 2019 the Tribunal gave a ruling in relation to the Defendants’ application for permission to appeal the Tribunal judgment of 14 February 2019 and costs ([2019] CAT 10).

By Order of the President dated 9 January 2020 the proceedings have been stayed.

Pursuant to a consent order dated 31 January 2020, the proceedings have been stayed upon the terms set out in a confidential agreement between the parties.