The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transaction within the EEA are anticompetitive (Budapest Bank)

On 2 April, the European Court of Justice (“CJEU”) issued a judgment [1] arising from a preliminary reference [2] from the Hungarian Supreme Court concerning a 2009 decision by the Hungarian Competition Authority against Visa Europe Ltd (“Visa”), MasterCard Europe SA (“MasterCard”) and a number of Hungarian banks in relation to interchange fees (a form of card payment transaction fee). The conduct that was the subject of the Hungarian Competition Authority’s decision is similar to that sanctioned by the European Commission in 2007, which found certain interchange fees imposed by Mastercard payable on cross-border card transactions within the European Economic Area to be anticompetitive pursuant to Article 81 (now Article 101 TFEU) [3] By way of background to the Hungarian Competition

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  • Hausfeld (London)

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Lesley Hannah, The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transaction within the EEA are anticompetitive (Budapest Bank), 2 April 2020, e-Competitions April 2020, Art. N° 95229

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