Application to commence collective proceedings under section 47B of the Competition Act 1998 ("CA 98") (“the “CPO Application”). The proposed collective proceedings would combine follow-on actions for damages arising from a decision of the European Commission of 19 December 2007 (COMP/34.579 MasterCard, COMP/36.518 EuroCommerce and COMP/38.580 Commercial Cards).
A case management conference was held on 21 November 2016 at which the President gave directions for the hearing of the Collective Proceedings Order ("CPO") Application.
The deadline for any person with an interest (including any member of the proposed class) to object to the CPO Application or the authorisation of the Proposed Class Representative and/or to seek permission to make oral observations at the CPO Application hearing was 4pm on 22 December 2016.
The deadline for any third party with a legitimate interest (who is not a member of the proposed class) to seek permission to make written and/or oral observations at the CPO Application hearing was 4pm on 12 December 2016.
The CPO Application hearing was held on 18 to 20 January 2017. The Tribunal's judgment dismissing the CPO Application was handed down on 21 July 2017 ( CAT 16). The Proposed Class Representative's application to the Tribunal for permission to appeal was refused on 28 September 2017 ( CAT 21), including on the basis that there was no jurisdiction to grant permission to appeal under section 49(1A) CA 98.
On 23 November 2017 the Tribunal gave a Ruling in relation to costs ( CAT 27).
On 13 November 2018 the Court of Appeal handed down a judgment ( EWCA Civ 2527) in which it held that the Court of Appeal did have jurisdiction to hear and determine the appeal in so far as it raised a point of law. The Proposed Class Representative's application to the Court of Appeal for permission to appeal was adjourned to a 2-day rolled up hearing, with the appeal to follow if permission was granted. The Court of Appeal hearing took place on 5-6 February 2019, and judgment was reserved.
On 16 April 2019 the Court of Appeal handed down its judgment ( EWCA Civ 674). The Court of Appeal allowed the appeal and ordered that the CPO Application be remitted to the Tribunal for re-hearing. On 24 July 2019 the Supreme Court granted Mastercard's application for permission to appeal the order of the Court of Appeal. The appeal was heard by the Supreme Court in May 2020. On 11 December 2020 the Supreme Court handed down its judgment dismissing Mastercard’s appeal ( UKSC 51).
A CMC took place on 5 February 2021. A remittal hearing in respect of the CPO Application took place on 25-26 March 2021. The Tribunal issued its Judgment on 18 August 2021 ( CAT 28).
A further CMC took place 14 January 2022. The Tribunal issued its judgment on the domicile date issue on 9 March 2022 ( CAT 13). On 13 May 2022, the Tribunal refused Mastercard's application for permission to appeal the Tribunal's judgment on the domicile date issue.
The Tribunal made a CPO on 18 May 2022.
A case management conference took place on 20 and 22 September 2022.
A hearing on limitation and exemptibility took place during the period 12-17 January 2023. The Tribunal issued its Judgment on Mr Merricks' application to amend his Re-Amended Reply on 3 February 2023 ( CAT 5).
On 8 March, an Order of the President set out directions in relation to the to the hearing of evidential issues in relation to pass-on.
A hearing to consider the implications of the European Court of Justice decision in Case C-267/20 Volvo AB (publ.) and DAF Trucks NV v RM on the issue of limitation in Case No. 1517/11/7/22 (UM) Merchant Interchange Fee Umbrella Proceedings and the Merricks Proceedings took place on 24-26 April 2023. On 26 July 2023, the Tribunal issued its Judgment ( CAT 49).
A further CMC took place on 6 June 2023.
A further CMC to consider disclosure took place on 22 June 2023.
The Value of Commerce and Causation Trial took place during the period 5 to 28 July 2023.
Judgment is pending.
A hearing in relation to Mr Merricks’ application to amend his Re-Amended Reply in respect of (i) deliberate concealment, pursuant to s.32 of the Limitation Act 1980 (and under Scots law, s.6(4) of the Prescription and Limitation (Scotland) Act 1973 has been listed to start on 15 January 2024 with a provisional time estimate of one week, and with a further week in reserve.