Status
Claim for damages brought by JJH Enterprises Limited against (1) Microsoft Corporation, (2) Microsoft Limited and (3) Microsoft Ireland Operations Limited in respect of alleged breaches of section 18 of the Competition Act 1998 (the “1998 Act”), Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) and/or Article 54 of the Agreement on the European Economic Area (the “EEA Agreement”) and alleged breaches of section 2 of the 1998 Act, Article 101 TFEU and/or Article 53 of the EEA Agreement regarding the sale of software licences.
The claim was transferred from the High Court to the Tribunal by order of the Honourable Mr Justice Foxton dated 16 November 2022.
A case management conference was held on 9 May 2023, at which the Tribunal delivered an ex tempore Ruling refusing the Defendants' application for a split trial. The Tribunal also delivered an ex tempore Ruling relating to the Defendant's application for early disclosure. On the 19 May 2023, the Tribunal made an order setting out case management directions.
A second case management conference took place on 9 October 2023.
A third case management conference took place on 23 February 2024. On 27 February 2024, the Tribunal made an order setting out case management directions, as varied on the 2 and 28 May and 10 June 2024.
A fourth case management conference took place on 20 November 2024.
A fifth case management conference took place on 25 February 2025.
A sixth case management conference took place on 13-14 May 2025.
At the sixth CMC the Tribunal gave a Ruling in relation to an application by the Claimant for broad classes of disclosure relating to legal advice on the basis that there has been a collateral waiver of privilege by the Defendants ([2025] CAT 32).
Following the sixth CMC the Tribunal gave a Ruling in relation to an application by the Defendants for a ruling that this Tribunal does not have jurisdiction over this claim insofar as it raises disputed issues of copyright law ([2025] CAT 33).
A preliminary issues trial ("PI Trial") has been provisionally listed to commence on 8 September 2025 with a time estimate of three days. The PI Trial will determine certain disputed issues of copyright law.
