1425/7/7/21 Justin Gutmann v Govia Thameslink Railway Limited & Others

Application by Mr Gutmann to commence collective proceedings under section 47B of the Competition Act 1998. The proposed collective proceedings would combine standalone claims against the Proposed Defendants for loss and damage caused by alleged infringements of the Chapter II prohibition on abuse of dominance in section 18 of the Competition Act 1998.

A case management conference took place on 15 November 2022.

A certification hearing and joint CMC with Cases 1304 and 1304 took place on 22 March 2023. The Tribunal issued its certification judgment ([2023] CAT 18) on 24 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 joint CMC with cases 1304 and 1305 has been listed on 7 July 2023.

The Tribunal made a Collective Proceedings Order on 3 July 2023.

A CMC took place on 7 July 2023.

A CMC took place on 27 September 2023.

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 has been listed to commence on 17 June 2024 with a time estimate of 3 weeks with 1 additional week in reserve. A pre-trial review hearing has been listed to take place at 10.30am on 9 May 2024.