HC-2013-000089 - [2025] EWHC 2376 (Ch)

Fecha: 19-Sep-2025

Conclusions

Conclusions

184.

For the reasons set out above, my conclusions are as follows:

It is appropriate to award damages in the present case based on a notional licence fee.

ii)

I do not consider that Merck’s comparables analysis is a reliable basis for assessing the value of that notional licence.

iii)

The appropriate basis for the valuation of the notional licence is therefore the economic benefits approach. That is an approach open to Merck on its pleaded case.

iv)

Applying an economic benefits approach, the notional licence fee should be calculated on the following basis:

No allowance should be made for avoided email migration costs, diversion of web traffic or staff training costs.

Prior to adjustments for inflation and discounting, the notional licence fee should comprise avoided website costs of £4.33m, avoided social media costs of £781,703, and avoided marketing costs of £566,000.

Those figures should be adjusted for inflation and discounting, using a discount rate of 4%.

185.

I will hear further submissions on the precise licence figure on the basis of the conclusions set out above.