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. On 6 November 2019 the claimants in the Asda Proceedings were granted permission to cross-appeal against the order for remittal made by 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 1286 and 1288 took place on 16 December 2020 where the Tribunal gave directions for the future conduct of the case.
A case management conference took place on 11 February 2021 as a remote case event and was adjourned. It was relisted for 3 March 2021 and took place as a remote case event. On 28 June 2021 the Tribunal issued its judgment regarding amendments which Mastercard sought to make to its Defences against the claimants and its proposed counterfactual ([2021] CAT 16). On 12 July 2021 Mastercard sought permission to appeal the Tribunal's judgment. The Tribunal issued its ruling in respect of Mastercard's application on 23 July 2021 ([2021] CAT 21).
A joint case management conference with Cases 1286 and 1288 listed for 31 March 2021 was vacated.
An application was made by the Defendants on 30 July 2021 to use certain documents which originated from the former Fourth Defendant, Mastercard UK Members Forum Limited ("MMF"), (the "MMF Disclosure") in certain other proceedings before the Tribunal. That application was considered on the papers and on 14 September 2021 the Tribunal made an order granting Mastercard permission to use the MMF Disclosure in (i) the claims brought by the Dixons Carphone group against Mastercard (Case Nos. 1236/5/7/15 and 1265/5/7/16); (ii) the proposed collective proceedings brought by Walter Hugh Merricks CBE (Case No. 1266/7/7/16); and (iii) any appeal from orders or judgments of the Competition Appeal Tribunal in (i) or (ii).
A case management conference took place on 13 June 2022 where the Tribunal gave further directions for the future conduct of the case.
The Defendants, with the Claimants’ consent, applied on 19 September 2022 for permission to disclose to Mr Walter Hugh Merricks CBE, the Class Representative in Case No. 1266/7/7/16 (the "Merricks Collective Proceedings"), a confidential settlement agreement between the Claimants and MMF (the “MMF Settlement Agreement”). The request was considered on the papers and on 28 September 2022 the Tribunal made an order granting Mastercard permission to disclose the MMF Settlement Agreement to Mr Merricks and to use it in the Merricks Collective Proceedings.
On 6 October 2022 the claim by Argos Stores Limited and Homebase Limited against Mastercard was withdrawn by consent.
A pre-trial review took place on 12 December 2022 where the Tribunal gave directions, including a timetable for the quantum trial.
On 17 January 2023 the claims by Asda Stores Limited and WM Morrison Supermarkets Limited were withdrawn by consent. The trial of the quantum issue listed for 30 January 2023, with a time estimate of 5 weeks, has been vacated.
