The UK Supreme Court overturns a Competition Appeal Tribunal’s ruling and clarifies the class action regime in a proceeding brought against a credit card company (Merricks / Mastercard)

Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchanges fees. In a very significant 64-page majority decision the Supreme Court has dismissed Mastercard’s appeal, and confirmed the less restrictive approach to certification set out by the Court of Appeal when it overturned the Competition Appeal Tribunal’s (CAT’s) original refusal to grant the Collective Proceedings Order (CPO) (or certification) sought by Mr Merricks (see our previous briefing). Summary of reasons

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Authors

  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (London)

Quotation

Stephen Wisking, Kim Dietzel, Andrew North, Ruth Allen, The UK Supreme Court overturns a Competition Appeal Tribunal’s ruling and clarifies the class action regime in a proceeding brought against a credit card company (Merricks / Mastercard), 11 December 2020, e-Competitions December 2020, Art. N° 98360

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