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JJH Enterprises v Microsoft Ruling (Format of Trial) [2023] CAT 36

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 conference directions.

The UK’s Competition Appeal Tribunal has refused Microsoft’s request to divide a second-hand software seller’s £270 milliondamages claim into two separate trials, saying it was not guaranteed to save costs and might even lead to a third trial.

A reminder that a Case Management Conference (CMC) is being livestreamed on the 9th/10th of May starting at 10:30

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.