The Business Law Reports
[2020] Bus LR 1196
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 20–23; 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 cardholders’ banks to charge retailers’ banks fee to settle each transaction made using card— Retailers’ banks passing on fee to retailers— Court of Justice holding scheme operating within European Economic Area restrictive of competition— Retailers bringing action in relation to UK schemes— Whether court bound by Court of Justice’s decision to find UK schemes also restrictive of competition— Whether schemes allowing retailer consumers fair share of benefits and therefore within exemption from prohibition on restrictive agreements— Nature of evidence necessary to establish exemption— Whether receiving fair share of benefits— Whether relevant to take into account benefits accruing to cardholders— Degree of precision required in quantification of pass-on of overcharge by retailers—
FEU Treaty
, art 101(1)(3)FEU
Court of Appeal (Civil Division)— Remedy— Remittal to lower court— Defendant claiming exemption from liability for anti-competitive practice— Court of Appeal holding type of evidence adduced by defendant at trial incapable of proving exemption and remitting issue for reconsideration— Whether remittal offending principle of finality in litigation—
CPR
rr 1.2(b), 50.20(2)