“… considered extensively in a number of recent authorities, including Sainsbury's Supermarkets Ltd v Visa Europe Services LLC and Mastercard Inc [2020] UKSC 24, [2020] Bus LR 1196; Mastercard Inc v Merricks [2020] UKSC 51, [2021] 3 All ER 285; Lloyd v Google LLC [2021] UKSC 50, [2022] AC 1217; Le Patourel v BT Group PLC and another [2022…”
“…ey have suffered as a result of that conduct. This was explained by the Supreme Court in Sainsbury’s Supermarket Ltd v Visa Europe Services LLC [2020] UKSC 24, [2020] Bus LR 1196, expressly contrasting claims for compensation and claims for restitution:…”
“…; as did Dyson LJ in Al-Medenni v Mars UK Ltd [2005] EWCA Civ 1041 at [21]. Likewise in Sainsbury's Supermarkets Ltd v Visa Europe Services LLC [2020] UKSC 24, [2020] Bus LR 1196 the Supreme Court said at [242]:…”
“…Avoided loss was also considered in Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC [2020] UKSC 24, [2020] Bus LR 1196. This was a competition law case where the relevant issue was whether the overcharging by the credit card company had been avoided as a result of being passed …”