1395/5/7/21 (T) Shiva Hotels Heathrow Limited & Others v Visa Europe Limited & Others

Claim for damages brought by Shiva Hotels Heathrow Limited and a number of other claimants, listed in the Schedule of Claimants (set out below), in respect of alleged infringements of Article 101 of the Treaty on the Functioning of the European Union ("TFEU") and/or Article 53 of the Agreement on the European Economic Area and/or Chapter I of the Competition Act 1998 and/or equivalent or similar domestic law provisions of a number of EEA States.

The claim is made against (1) Visa Europe Limited; (2) Visa Europe Services LLC; (3) Visa UK Limited; and (4) Visa Inc. ("Visa").

The proceedings were transferred from the High Court to the Tribunal by order of Chief Master Marsh dated 9 March 2021.

A joint case management conference in Cases 1306(T)-1325(T), 1349(T)-1350(T), 1369(T), 1373(T)-1374(T), 1376(T), 1383(T)-1384(T), 1385(T)-1400(T) and 1406(T) took place on 1-2 March 2022 where the Tribunal gave directions regarding the future case management of the interchange fee cases. On 16 March 2022 the Tribunal issued its ruling providing reasons for a change in approach and setting out a process to identify the issues requiring determination ([2022] CAT 14).

A joint hearing took place on 23 and 24 May 2022 in Cases 1306(T)-1325(T), 1349(T)-1350(T), 1373(T)-1374(T), 1376(T), 1383(T)-1384(T), 1385(T)-1390(T), 1392(T)-1400(T) and 1406(T) to consider issues relating to pass on.

On 4 July 2022, the President made an Order designating this case as a “Host Case” pursuant to Practice Direction 2/2022 (Umbrella Proceedings). Ubiquitous Matters (as defined in the Practice Direction) arising in this case will be disposed of in Umbrella Proceedings (also defined in the Practice Direction) listed under Case 1517/11/7/22 (UM): Merchant Interchange Fee Umbrella Proceedings.