1517/11/7/22 (UM) Merchant Interchange Fee Umbrella Proceedings

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By an Umbrella Proceedings Order of his own motion dated 4 July 2022 ("the Umbrella Proceedings Order"), the President designated, pursuant to the Tribunal's Practice Direction 2/2022 on Umbrella Proceedings ("the Practice Direction"), that the various proceedings listed in the schedule to that order, known as the "Host Cases", are the subject of Umbrella Proceedings (for the purposes of disposing of the Ubiquitous Matters specified in the Umbrella Proceedings Order). The Host Cases shall be referred to collectively under the following case name and number: Case 1517/11/7/22 (UM) Merchant Interchange Fee Umbrella Proceedings. The schedule to the Umbrella Proceedings Order was updated on 19 August 2022 to remove any cases which are no longer active (as indicated in red). 

All developments relating to the Merchant Interchange Fee Umbrella Proceedings will be listed on this page.

On 6 July 2022, the Tribunal issued its judgment in relation to the issue of pass on ([2022] CAT 31) ("the Pass-on Judgment"). On 10 November 2022, the Tribunal issued its Ruling ([2022] CAT 50) refusing Mastercard's application for permission to appeal the Pass-on Judgment on all four grounds advanced.

By Umbrella Proceedings Orders dated 19 August 2022, 10 October 2022, 17 January 2023, 7 March 2023 and 25 April 2023, the President varied the schedule to the Umbrella Proceedings Order to add additional "Host Cases" to the Merchant Interchange Fee Umbrella Proceedings. 

A case management conference took place remotely on 7 and 8 November 2022 to decide the future conduct of the proceedings.

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 the Merchant Interchange Fee Umbrella Proceedings and Case No. 1266/7/7/16 Walter Hugh Merricks CBE v Mastercard Incorporated and Others ("the Merricks case") took place on 24-26 April 2023. On 26 July 2023, the Tribunal issued its Judgment ([2023] CAT 49). By Reasoned Order on 4 December 2023, the Tribunal granted the Defendants' application for permission to appeal the Volvo Limitation Judgment on all four grounds advanced.

A hearing in the Merchant Interchange Fee Umbrella Proceedings and the Merricks case to consider evidential issues in relation to pass-on took place on 23 to 25 May 2023. On 5 October 2023, the Tribunal issued its Evidential Pass-on Judgment ([2023] CAT 60). On 5 October 2023, the Tribunal also issued its Judgment in relation to third party disclosure from the Payment Systems Regulator ([2023] CAT 59). 

The case management conference in respect of Trial 1 that was listed for 7 July 2023 was relisted and took place on 21 September 2023.

A Further Evidential hearing relating to pass-on took place on 10 and 11 January 2024. A pre-trial review in respect of Trial 1 took place on 12 January 2024.

A Costs Sharing Order hearing has been listed to take place on 24 January 2024, with a time estimate of one day.

Trial 1 on liability took place on 5 February 2024 until 28 March 2024.

A Qualitative Evidence hearing has been listed to take place on 24 April 2024, with a time estimate of half a day.

Trial 2 on pass on has been listed to take place commencing on 11 November 2024, with a time estimate of six weeks, and with closing submissions to be heard in the week commencing 31 March 2025.

Events

  • Hearing
  • Case management conference
  • Hearing (Volvo limitation issue)
  • Hearing (Evidential Pass-On)
  • Hearing (Evidential)
  • Pre-trial review (Trial 1)
  • Hearing (CSO Application)
  • Trial 1 (Liability)
  • Hearing (Legal Causation)
  • Hearing
  • Hearing (Qualitative Evidence)
  • Trial 2 (Pass On)
  • Trial 2 (Pass On)

Related Cases

Documents