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 The schedule to the Umbrella Proceedings Order was updated on 19 August 2022 to remove any cases which are no longer active (as indicated in red).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 ( CAT 31) ("the Pass-on Judgment"). On 10 November 2022, the Tribunal issued its Ruling ( 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 ( CAT 49).
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. Judgment is pending.
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 pre-trial review in respect of Trial 1 has been listed to take place on 12 January 2024, with a time estimate of one day.
Trial 1 on liability has been listed to take place on 5 February 2024, with a time estimate of six weeks.