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Sainsbury’s claims damages from MasterCard breach of the Competition Act

Sainsbury’s claims damages from MasterCard breach of the Competition Act
Published on: 03 August 2016
Published by: LexisPSL
  • Sainsbury’s claims damages from MasterCard breach of the Competition Act
  • Original News:
  • On what grounds has the Competition Appeal Tribunal (CAT) ruled that MasterCard’s actions fell within Article 101(1) TFEU?
  • How has the CAT approached the question of whether the UK MIF has the effect of restricting competition?
  • Why doesn’t Article 101(3) TFEU apply?
  • Why did MasterCard’s illegality defence in relation to Sainsbury’s bank fail?
  • What has the CAT held in relation to passing-on and mitigation of loss by Sainsbury’s?
  • How has the CAT determined the quantum (including the discounts in relation to Sainsbury’s bank)?
  • Is it likely that MasterCard will appeal this judgment and on what basis?
  • What does this judgment mean in relation to other claims lodged (both before the High Court and the CAT) against both MasterCard and Visa?
  • More...

Article summary

Competition analysis: Richard Pike, partner in the Constantine Cannon LLP’s antitrust and litigation and counselling practice groups, examines the decision in Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others, and explores whether the multilateral interchange fees (MIFs) were able to restrict or distort competition. or take a trial to read the full analysis.

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