The UK Supreme Court finds payment card schemes used in supermarkets infringing competition law (Sainsbury’s / Visa & MasterCard)

On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (Respondents) v. MasterCard Incorporated and Others (Appellants). [1] In a landmark victory for Sainsbury’s, the Supreme Court upheld the finding of the Court of Appeal in July 2018 [2] that the default UK MIFs charged within the Visa and MasterCard payment card schemes was an unlawful restriction of competition under Article 101(1) of the Treaty of the Functioning of the European Union and Chapter I of the UK Competition Act 1998. The proceedings against Visa are unprecedented. The Visa and

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Authors

  • Morgan Lewis (London)
  • Morgan Lewis (London)
  • Morgan Lewis (London)

Quotation

Frances M. Murphy, Joanna Christoforou, Emma Walsh, The UK Supreme Court finds payment card schemes used in supermarkets infringing competition law (Sainsbury’s / Visa & MasterCard), 17 June 2020, e-Competitions July 2020, Art. N° 95400

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