1240/5/7/15 Deutsche Bahn AG and Others v MasterCard Incorporated and Others

Claim for damages under section 47A of the Competition Act 1998 based on the decision of the European Commission dated 19 December 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/34.579 MasterCard, COMP/36.518 EuroCommerce and COMP/38.580 Commercial Cards).

An application for permission to serve the claim form out of the jurisdiction on two defendants was determined on the papers by the President on 1 December 2015.

The defendants filed applications to challenge the jurisdiction of the Tribunal. The first part of the applications, relating to the proper construction of jurisdiction agreements between the parties, was withdrawn by the defendants prior to the hearing listed for 26 April 2016. The second part of the applications, relating to an alleged abuse of process, was heard by the President on 26 April 2016. This part of the applications was dismissed, for reasons set out in a written judgment handed down on 27 July 2016 ([2016] CAT 13). The third part of the applications, relating to the application of the Foreign Limitation Periods Act 1984 to a claim brought under section 47A of the Competition Act 1998, was heard jointly with a preliminary issue in Case 1244/5/7/15 on 29 April 2016. Judgment was handed down on 27 July 2016 ([2016] CAT 14). The proceedings were stayed pursuant to a consent order made on 22 August 2016. The claim was withdrawn by consent on 17 December 2018.