(1) Microsoft Corporation and Ors (Appellants/Defendants) v JJH Enterprises Limited (trading as ValueLicensing) (Respondents/Claimants) (2) Microsoft Corporation and others (Appellants/Defendants) v JJH Enterprises Limited (trading as ValueLicensing) (Respondents/Claimants)
Tuesday 28 – Wednesday 29 April 2026
(1) By Appellant’s Notice submitted on 7 July 2025 the Appellants appeal the decision of the Competition Appeal Tribunal (CAT), dated 23 May 2025.
The Claimant was a vendor of pre‑owned Microsoft software licences. It alleges that, from around 2011, Microsoft shifted customers to its subscription service, Microsoft 365, and unlawfully restricted the supply of pre‑owned licences by requiring customers, in return for discounts, to surrender or retain unused perpetual licences.
The Defendants argued that the CAT lacked jurisdiction insofar as the claim raised disputed copyright issues, which they said should be determined by the High Court. The CAT rejected that argument, holding that it has jurisdiction to determine all aspects of the competition law claim, including copyright disputes insofar as they arise in that context.
(2) By Appellant’s Notice submitted on 10 December 2025 the Appellants appeal a decision of the Competition Appeal Tribunal (CAT)) dated 12 November 2025.
The CAT’s judgment resolved two preliminary copyright issues in ValueLicensing’s favour, holding that EU copyright exhaustion of the Software Directive operates automatically and permits the subdivision and resale of perpetual Microsoft Windows and Office licences acquired under volume Enterprise Agreements. It also held that exhaustion extends beyond the software itself to all associated components, including interfaces, manuals, fonts and help files, when first lawfully sold and downloaded as part of the product’s intended use.
(1) Appellants’ Skeleton Argument
(2) Appellants’ Skeleton Argument
(1) Respondents’ Skeleton Argument
(2) Respondents’ Skeleton Argument
Intervener’s Written Submissions
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Day 1
Day 2