1437/7/7/22 Elisabetta Sciallis v Fender Musical Instruments Europe Limited and Another

An application by Elisabetta Sciallis to commence collective proceedings under section 47B of the Competition Act 1998 (“the Act”) against (1) Fender Musical Instruments Europe Limited (“Fender Europe”), and (2) Fender Musical Instruments Corporation (“Fender US”), (together, “Fender” or “the Respondents/Proposed Defendants”) for loss and damage caused by alleged breaches of statutory duty by infringing section 2(1) of the Act (the “Chapter I Prohibition”) and Article 101 of the Treaty on the Functioning of the European Union, as determined by the Competition and Markets Authority (“CMA”) in a settlement decision addressed to the Respondents/Proposed Defendants on 22 January 2020, in Case 50565-3 regarding online resale price management (“RPM”) in the guitar sector. The Application also seeks to include a number of ‘standalone’ claims for damages based on infringements of the Chapter I Prohibition and Article 101 TFEU.