- Cited — MOL (Europe Africa) Ltd & Ors. v Mark McLaren Class Representative Ltd 2022-12-21
“…The prima facie measure of overcharge as the recoverable loss might however be subject to adjustment. On the facts that had been found at first instance ([2016] CAT 11 at paragraphs [434] and [435]), and which were not in dispute on appeal, that there were well established means by which retailers sought to off-set the overch…”
- Cited — Dune Group Limited & Ors. v Visa Europe Limited & Ors 2022-10-04
“…were at issue in the proceedings heard by Phillips J. All the claims involved only consumer cards, not commercial/business cards. The judgments are reported as [2016] CAT 11 (the CAT), [2017] EWHC 93 (Comm) (Popplewell J) and [2017] EWHC 3047 (Comm) and [2018] EWHC 355 (Comm) (Phillips J in each instance).…”
- Cited — Dune Group Limited & Ors. v Visa Europe Limited & Ors 2022-10-04
“…ng of Mastercard’s UK MIF was “an agreement or agreements between undertakings, the agreement being between MasterCard and its licensees” (emphasis added): see [2016] CAT 11, at paragraph 95. In the preceding paragraphs, the CAT had said that it was “obvious that the agreement by which a party becomes licensee of the MasterCard Sch…”
- Cited — NTN Corporation & Ors. v Stellantis N.V. & Ors. 2022-01-07
“…n by the acquiring bank to the merchant as part of the bank’s merchant service charge (“MSC”). In a judgment at first instance focusing upon quantum of damage ([2016] CAT 11) the CAT held, on the facts of the case, that as a large-scale business and sophisticated retailer, a supermarket would respond to the MIF in one or more of fo…”
- Cited — Gascoigne Halman Ltd v Agents' Mutual Ltd 2019-01-24
“…nted on the law relating to restriction of competition “by object”. After quoting from the judgment of the CAT in Sainsbury’s Supermarkets Ltd v Mastercard Inc [2016] CAT 11, the CAT said this:…”
- Cited — Iiyama (UK) Limited & Ors. v Samsung Electronics Co. Ltd. & Ors. 2018-02-16
“…is liable for that implementation: see KME Yorkshire Ltd v Toshiba Carrier UK Ltd [2012] EWCA Civ 1190 at [38] and Sainsbury's Supermarkets Ltd v MastercardInc [2016] CAT 11 at [363(7)]. The Sainsbury's case contains a full review of the relevant authorities both European and domestic. What is perhaps not established is what is nee…”