Ruling of the Tribunal on the First and Second Defender’s application, as adopted by the Third Defender, to strike out the Pursuer’s claim or alternatively grant summary judgment against the Pursuer. The application focused on two issues: (1) the damages sought; and (2) the alleged breaches of competition law.
In respect of (1) the Tribunal:
(a) struck out the claim for damages sought for alleged breaches of the Chapter I prohibition as the Pursuer had not set out any reasonable grounds in which it could be said that the damages were caused by a breach of competition law; and
(b) struck out the claim for damages sought for alleged breaches of the Chapter II prohibition on the basis that there were no reasonable grounds for such a claim under any of the Pursuer’s headings.
In relation to (2), the Tribunal stated that, had it not struck out the claim in respect of the damages issue, it would have refused the Defenders' motion for strike-out in relation to the alleged breaches of competition law.
