The UK Supreme Court recently handed down its judgment on appeals relating to competition damages claims brought by Sainsbury’s and other retailers against Mastercard and Visa. [1] Amongst other issues, the appeals considered the legal framework for pass-on, whereby it is alleged that claimants transferred any overcharge to their own prices to customers. In these cases, the pass-on argument was deployed as a defence, although it can also be used against defendants in claims involving indirect purchases. As recognised by the Competition Appeal Tribunal (CAT) in its original Sainsbury’s/Mastercard judgment, no cases under English law had previously dealt substantively with the pass-on defence. [2] The Supreme Court’s judgment therefore provides potentially important insights into how the
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The UK Supreme Court hands down its judgment on an appeal relating to competition damage claims brought by retailers against two payment platform providers (Sainsbury’s / Visa / Mastercard)
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