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CAT dismisses summary judgment application on efficiency/objective justification defences

29/11/24

On 29 November 2024, the Competition Appeal Tribunal (CAT) dismissed a summary judgment application by Value Licensing against various efficiency/objective justification defences pleaded by Microsoft in a competition law claim brought by Value Licensing. The CAT ruling contains interesting observations on dealing with such defences on an interlocutory basis, pleading standards, and the interrelationship between competition law and intellectual property.

The judgment is here.

Robert O'Donoghue KC acted for Microsoft, instructed by CMS.

Maya Lester KC, Max Schaefer, Jon Lawrence, and Andris Rudzitis acted for Value Licensing, instructed by Charles Fussell & Co LLP.