Judgment of the Tribunal on two applications. The first, made by the proposed Class Representative (“Mr Le Patourel”), is for a Collective Proceedings Order (“CPO”) within the meaning of section 47B of the Competition Act 1998 (“CA”) (the “CPO Application”). The case concerns a claim that the proposed Defendants, BT Group Plc and British Telecommunications Plc (collectively “BT”) abused their dominant position in two telecommunications markets by imposing unfair prices, contrary to section 18 CA. The claim is brought by Mr Le Patourel in respect of approximately 2.3m affected BT customers. Subject to the question of merits BT did not resist the making of a CPO on an “opt-in” basis. However, the PCR sought a CPO on an “opt-out” basis exclusively, which BT did resist.
The second application, made by BT, was a cross-application (a) to strike out the claim pursuant to Rule 41 (1) (b) of The Competition Appeal Tribunal Rules 2015 (“the Rules”) on the basis that there are no reasonable grounds for making it and/or (b) for summary judgment to dismiss the claim pursuant to Rule 43 (1) (a) of the Rules on the basis that it has no real prospect of success.
The Tribunal decided that the PCR’s application for a CPO should succeed and BT’s cross- application to strike out and/or summarily dismiss the putative claim must fail.
