1286/5/7/18 Sainsbury's Supermarkets Ltd v Mastercard Incorporated and Others

Remittal by the Court of Appeal.

On 4 July 2018 the Court of Appeal gave judgment ([2018] EWCA Civ 1536) in three appeals of the following judgments in the interchange fee cases: the judgment of the Tribunal in Sainsbury's Supermarkets Ltd v MasterCard Incorporated and Others ([2016] CAT 11) (see Case 1241/5/7/15 (T)) (the "Tribunal Proceedings"); and the judgments of the Commercial Court in Asda Stores Limited and Others v Mastercard Inc and Others ([2017] EWHC 93) (the "Asda Proceedings") and Sainsbury's Supermarkets Limited v Visa Europe Services LLC and Others ([2017] EWHC 3047 (Comm) and [2018] EWHC 355 (Comm)) (the "Visa Proceedings").  The Court of Appeal allowed the first ground of the Mastercard Defendants' appeal in the Tribunal Proceedings, as well as the retailers' appeals in the Asda Proceedings and the Visa Proceedings. Each of the appeals was remitted to the Tribunal for re-consideration in accordance with the Court of Appeal's judgment.

On 29 November 2018 the Supreme Court granted Mastercard and Visa permission to appeal the judgment of the Court of Appeal. The appeals were heard by the Supreme Court in January 2020. Judgment was given on 17 June 2020 ([2020] UKSC 24). 

A joint case management conference with Cases 1287 and 1288 took place on 16 December 2020 where the Tribunal gave directions for the future conduct of the case.

A case management conference was listed for 24 February 2021 and took place as a remote case event.

A joint case management conference with Cases 1287 and 1288 listed for 31 March 2021 was vacated.

The hearing has been listed for 18 October 2021, with a time estimate of two weeks.