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Retailers Succeed in Interchange Fee Appeals

Related Member(s):
Christopher Brown

The Court of Appeal has given judgment today on an appeal by Asda, Argos and WM Morrison against an order of Popplewell J largely dismissing their claims for substantial damages relating to the setting and imposition of multi-lateral interchange fees (MIFs) in the context of the MasterCard payment card system.  The Court of Appeal upheld the retailers’ appeal, finding that the MIFs constitute a restriction of competition contrary to Article 101(1) TFEU and that the judge at first instance should have concluded that MasterCard had not established entitlement to an exemption under Article 101(3).  The Court nonetheless remitted the retailers’ claims for reconsideration of the exemption issues, together with parallel cases brought by Sainsbury’s against MasterCard and Visa.  Christopher Brown was instructed by Stewarts Law LLP for Asda, Argos and WM Morrison.

Please click here for the judgment.