1615/5/7/23 Up and Running (UK) Limited v Deckers UK Limited

Claim for an injunction and damages under section 47A of the Competition Act 1998 ("the Act) by Up and Running (UK) Limited against Deckers UK Limited ("Deckers"). Up and Running alleges that Deckers has infringed the prohibition contained in section 2 of the Act (the “Chapter I Prohibition”) and section 18 of the Act (the "Chapter 2 Prohibition").

A case management conference was held on 1 December 2023, at which the part of the claim alleging that the Chapter II Prohibition had been breached was stayed. The Tribunal determined that the case was suitable for allocation to the fast-track procedure available under the Competition Appeal Tribunal Rules 2015.

In a Ruling dated 6 February 2024, the Tribunal confirmed the allocation of the case to the fast-track procedure, and ordered a split trial, with Trial 1 to deal with questions of liability under the Chapter I Prohibition, injunctive relief and causation, and Trial 2 to deal with questions of the assessment of loss or damage.

The Tribunal ordered on 20 February 2024 that the amount of recoverable costs in the proceedings would be capped at £150,000.

Trial 1 on liability took place between 22 and 25 July 2024. The Tribunal published its Judgment ([2024] CAT 61) on 31 October 2024. 

The Court of Appeal granted permission to appeal the Judgment on 10 March 2025.