Ruling of the Tribunal refusing the Claimant's application for summary judgment against certain defences raised by the Defendants.
The application raised issues as to whether: (1) the case advanced by the Defendants is that which was pleaded; (2) as a matter of law, the alternative defences under Article 102 TFEU are concerned only with benefits accruing to customers and not those accruing to the dominant undertaking; (3) the objective justification relied upon has a reasonable prospect of success and should proceed to trial; and (4) the efficiencies defences under Article 1013 and 102 TFEU have a realistic prospect of success and should proceed to trial.
The Tribunal concluded: on (1) that the Defendants' case was sufficiently pleaded; on (2) that it was not appropriate to determine the point of law; and on (3) and (4) that the objective justification and efficiencies defences should proceed to trial.
