Ruling of the Tribunal concerning the resolution of economy-wide merchant pass on (EMPO) for the purposes of exemption under Article 101(3) TFEU and/or section 9, Chapter I of the Competition Act 1998, as to be otherwise assessed in Trial 3. The Tribunal ordered that all factual questions relating to EMPO assessed on a direct and proximate causation basis for specific merchants should be adjourned from Trial 3 to Trial 4.
This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.
