The WLR Daily case summaries
[2020] WLR (D) 358
Supreme Court
Sainsbury’s Supermarkets Ltd v Visa Europe Services llc and others (European Commission intervening)
Sainsbury’s Supermarkets Ltd and others v Mastercard Inc and others (European Commission intervening)
[On appeal from Sainsbury’s Supermarkets Ltd v MasterCard Inc (European Commission intervening)]
[2020] UKSC 24
2020 Jan 20, 21, 22, 23; June 17
Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones, Lord Sales, Lord Hamblen JJSC
Competition— Restriction or distortion of competition— Anti-competitive agreement— Credit and debit card companies’ payment schemes allowing default multilateral interchange fees to be charged to retailers’ banks for each card transaction but passed on by them in service charge payable by retailers— Claim by retailers that scheme allowing banks to collectively fix non-negotiable minimum price floor for fees, precluding any competition between banks and retailers as to level of service charge— Whether schemes restrictive of competition— Claim by defendants that schemes within “wider economic benefit” exemption in any event— Claim that, in further event, merchants’ losses mitigated by being passed on to customers— Detail of evidence necessary to meet exemption or mitigation of damages claims—
FEU Treaty
, art 101(1)(3)
Court of Appeal (Civil Division)— Remedy— Remittal to lower court— Appeal turning on nature of evidence necessary for defendant to claim exemption from liability for anti-competitive practice— Claim based on evidence presented by defendant not made out on Court of Appeal findings— Whether decision of Court of Appeal to remit case for reconsideration notwithstanding defendant having had full opportunity to present such evidence as it chose wrong exercise of power of remittal— Whether duty on appellate court to provide final remedy after reaching decision conclusive of dispute between parties—
CPR
rr 1.2(b), 50.20(2)