- Considered — Nippon Yusen Kabushiki Kaisha & Ors v Mark McLaren Class Representative Limited 2023-12-08
“…eedings has been 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 P…”
- Followed — Phillip Gwyn James Evans v Barclays Bank PLC & Ors 2023-11-09
“…sively set out therein, it suffices to refer to those judgments for the background. The judgments are as follows: Sainsbury's Supermarkets Ltd v Mastercard Inc [2020] UKSC 24 ("Sainsbury's"); Merricks v Mastercard Inc [2020] UKSC 51 ("Merricks"); Le Patourel v BT Group PLC and another [2022] EWCA Civ 593 ("Le Patourel"); LSER and ot…”
- Cited — George David Clements-Siddall v Dunbobbin Hotels Limited 2023-11-07
“…ted their respective cases, rather than to carry out some wider inquisitorial function as a searcher after truth: Sainsbury’s Supermarkets Ltd v MasterCard Inc [2020] UKSC 24, at [242].…”
- Explained — Granville Technology Group Limited (in liquidation) & Ors v LG Display Co Limited & Anor 2023-08-16
“… losses which they 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:…”
- Cited — UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Ors 2023-07-25
“…The CAT noted at [79] that in Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC [2020] UKSC 24 (“Sainsbury’s”), the Supreme Court held that pass-on in a competition case can be estimated by use of the “broad axe”. Merricks v Mastercard Inc [2020] UKSC 51…”
- Cited — Andrew McCarthy v William Allan Jones & Anor. 2023-05-25
“…P Rep 30 at [23]; 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]:…”
- Applied — MOL (Europe Africa) Ltd & Ors. v Mark McLaren Class Representative Ltd 2022-12-21
“… Business Travel S.A.U. of Spain v Fulton Shipping Inc of Panama [2017] UKSC 43, [2017] 1 WLR 2581 (“Fulton”) and Sainsbury’s Supermarkets Ltd v Mastercard Inc [2020] UKSC 24, [2020] Bus LR 1196 (“Sainsbury’s”). The issues arising concern the scope and effect of those judgments and in particular how they apply in the context of coll…”
- Cited — MOL (Europe Africa) Ltd & Ors. v Mark McLaren Class Representative Ltd 2022-12-21
“…Ms Ford also relied on a discussion in Sainsbury’s Supermarkets Ltd v Mastercard Incorporated [2020] UKSC 24; [2020] 4 All ER 807 (“Sainsbury’s”) from [192] onwards which also referred to Fulton (see [202], [213] and [219]). But in that case there was no dispute that …”
- Considered — E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors. 2022-12-21
“…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 res…”
- Applied — QX v Secretary of State for the Home Department 2022-11-22
“…This and related passages in Air Canada have recently been cited with approval by the Supreme Court in Sainsbury’s Supermarkets Ltd v Mastercard Inc [2020] UKSC 24 at [242]. I acknowledge that somewhat different principles may apply to public authorities when they defend applications for judicial review.…”
- Cited — Dune Group Limited & Ors. v Visa Europe Limited & Ors 2022-10-04
“…The Supreme Court summarised how the Visa and Mastercard schemes operate in Sainsbury’s Supermarkets Ltd v Mastercard Inc [2020] UKSC 24, [2020] 4 All ER 807 (“Sainsbury’s SC”) at paragraph 10:…”
- Cited — London & South Eastern Railway Limited & Ors v Justin Gutmann 2022-07-28
“…rness, etc. It was also a term coined long before Parliament conceived of collective redress mechanisms: see e.g. Sainsbury’s Supermarkets Ltd v Mastercard Inc [2020] UKSC 24 at paragraphs [217] and [218] (“Sainsbury’s”) and the cases cited therein. The Supreme Court there treated the broad axe as a function of common law pragmatism…”
- Applied — Allianz Global Investors GMBH & Ors v Barclays Bank PLC & Ors 2022-03-23
“…f compensatory damages apply also to claims for breach of statutory duty (referring to the decision in Sainsbury’s Supermarkets Ltd. v Visa Europe Services LLC [2020] UKSC 24, [2020] 4 All ER 807 at [196]), at [13] the Judge summarised the dispute between the parties as follows:…”
- Cited — Ideal Shopping Direct Limited & Ors. v Mastercard Incorporated & Ors. 2022-01-13
“…Appeal and then a combined appeal to the Supreme Court, culminating in a judgment given on 17 June 2020: Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC[2020] UKSC 24, holding that the matters of which complaint was made were restrictive of competition under Article 101 of the TFEU.…”
- Considered — NTN Corporation & Ors. v Stellantis N.V. & Ors. 2022-01-07
“… that this is the first occasion upon which the implications of the judgment of the Supreme Court in Sainsbury’s Supermarkets Limited v Visa Europe Services LLC[2020] UKSC 24 (“Sainsbury’s”)on mitigationby off-settinghave been considered at the appellate level. The issue has added significance given that a differently constituted CA…”
- Cited — Point West GR Ltd v Bassi & Ors 2020-06-24
“…iding objective in rule 3 (1) of the tribunal rules) includes respecting the principle of finality: see Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC [2020] UKSC 24 at [239]. Far from clarifying what it had already decided (as Vital Nut expressed it), the FTT in effect reopened the question of liability, and re-decided the…”