HP-2020-000016 - [2025] EWHC 1451 (Ch)

The dispute between the parties on this point was a purely factual one. Cabo’s case was that MGA entered into agreements with at least The Entertainer, TRU, Smyths, B&M and AB Gee that they would not stock Worldeez (or at least the Worldeez globe). Cabo also says that it is likely that MGA also entered into agreements with other retailers such as Argos and Tesco, but does not seek specific findings of infringements in relation to those.

MGA’s position changed repeatedly. Its original defence admitted at least some of the agreements. Its final pleaded position was that it did not admit any agreements with The Entertainer and TRU, and denied the agreements with Smyths, B&M and AB Gee. By the time of MGA’s closing submissions, MGA admitted a “temporary” agreement with The Entertainer on 24 May 2017, but maintained that Cabo had failed to prove agreements or concerted practices with any of the other traders.

Neither Cabo nor MGA contended that anything turned on the distinction between agreements and concerted practices, for the purposes of this case. I will therefore refer simply to agreements in the discussion below.