1266/7/7/16 Walter Hugh Merricks CBE v Mastercard Incorporated and Others

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 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 ([2017] CAT 16). The Proposed Class Representative's application to the Tribunal for permission to appeal was refused on 28 September 2017 ([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 ([2017] CAT 27).

On 13 November 2018 the Court of Appeal handed down a judgment ([2018] 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 ([2019] 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 ([2020] UKSC 51). 

A case management conference took place on 5 February 2021. A remittal hearing in respect of the CPO Application took place on 25-26 March 2021. Judgment is pending.