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The Competition Appeal Tribunal has handed down judgment in the class action Justin Gutmann v First MTR South Western Trains Limited, London & South Eastern Railway Limited, Govia Thameslink Railway Limited & Others [2025] CAT 64.
The claim concerned the Defendants’ sale of a particular kind of rail fare known as a Boundary Fare. The CAT concluded that, on the assumption that the Defendants each holds a dominant position, none of the conduct alleged against them constitutes an abuse of that position. The CAT accordingly dismissed the claim.
All instructed counsel in these proceedings were members of Monckton Chambers.
Philip Moser KC, Stefan Kuppen, and Alexandra Littlewood (instructed by Hausfeld & Co. LLP and Charles Lyndon Ltd) appeared on behalf of Mr Gutmann.
Tim Ward KC, James Bourke, and Hugh Whelan (instructed by Slaughter and May) appeared on behalf of First MTR South Western Trains Limited.
Paul Harris KC, Anneliese Blackwood, Michael Armitage and Clíodhna Kelleher (instructed by Freshfields Bruckhaus Deringer LLP) appeared on behalf of London & South Eastern Railway Limited and Govia Thameslink Railway Limited and others.
Anneli Howard KC, Brendan McGurk KC and Khatija Hafesji (instructed by Linklaters LLP) intervened on behalf of the Secretary of State for Transport.