The UK CAT rules on passing-on defence (Sainsbury ’s Supermarket / Mastercard)

The passing-on “defence” after Sainsbury’s* The passing-on defence – ie. whether the damages suffered by a purchaser of a product which has been the subject of a cartel are reduced if he passes on the overcharge to his own customers – had, as Tristan Jones blogged a few years ago, been the subject of much policy discussion but relatively little legal analysis in the English case law. That remained the position when the Competition Appeal Tribunal heard the claim in Sainsbury’s Supermarkets v Mastercard Incorporated and others [2016] CAT 11. The Judgment, handed down on 14 July, noted at §483 that there had been no case under English law substantively dealing with the pass-on defence. It represents the first English judgment which gives detailed consideration to the defence following full

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  • Blackstone Chambers (London)

Quotation

Emily Neill, The UK CAT rules on passing-on defence (Sainsbury ’s Supermarket / Mastercard), 14 July 2016, e-Competitions Bulletin July 2016, Art. N° 81327

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