‘The central question in these three appeals is whether the setting of default multilateral interchange fees (‘MIFs’) within the MasterCard and Visa payment card systems contravenes article 101 of the Treaty on the Functioning of the European Union 2012/C326/01 (the ‘TFEU’).[1] Article 101(1) provides that agreements between undertakings which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market are prohibited as incompatible with the internal market of the European Union. Section 2 of the Competition Act 1998 (the ‘1998 Act’) makes the same provision in relation to agreements which may affect trade within the United Kingdom, and which prevent, restrict or distort competition within the United Kingdom.’
Held: The Court allowed the merchants’ appeals on the article 101(1) issue. The court will make appropriate declarations in each of the three cases to the effect that the agreements are restrictive of competition infringing article 101(1). The cases were remitted for indeividual reconsideration.
Judges:
Sir Terence Ttherton MR, Sir Geoffrey Vos Ch, Flaux LJ
Citations:
[2018] EWCA Civ 1536
Links:
Jurisdiction:
England and Wales
European, Commercial
Updated: 24 April 2022; Ref: scu.618972