Mastercard and Visa MIF appeals judgment (Court of Appeal) [Archived]
Mastercard and Visa MIF appeals judgment (Court of Appeal) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Mastercard and Visa MIF appeals judgment (Court of Appeal) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

CASE HUB (appeals lodged by Sainsbury’s before the Supreme Court (UKSC 2018/0156 and UKSC 2018/0154)

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 4 July 2018; it is no longer maintained.

See further: timeline, commentary, and related cases.

Case facts

Outline Appeals in relation to competition damage claims brought by retailers against MasterCard and Visa relating to multilateral interchange fees (MIF) (judgments appealed: Sainsbury’s Supermarkets Ltd v MasterCard Incorporated, Asda Stores Limited v MasterCard Incorporated and ors, WM Morrison Supermarkets PLC v MasterCard Incorporated and ors, Argos Limited and ors v MasterCard Incorporated, and Sainsbury’s Supermarkets Ltd v Visa Services LLC and ors).

The Court of Appeal issued its judgment on 04/07/2018, ruling that MIFs were in violation of competition law. Article 101(3) TFEU and quantum issues to be remitted to CAT for reconsideration.

Latest developments According to press reports, the UK Supreme Court confirmed on 9 August 2018 that MasterCard and Visa have sought permission from the Supreme Court to appeal the Court of Appeal’s judgment—details of the applications for permission to appeal have not yet been made public, and the Supreme Court’s decision is not expected before October 2018