Swipe Fee Ruling Brings Clarity To UK Competition Litigation

Law360 (July 21, 2020, 7:17 PM EDT) -- The ruling by the U.K. Supreme Court last month in the multilateral interchange fees, or MIFs, cases is an important milestone in the litigation saga and for competition litigation in the U.K. more generally.[1]

The Supreme Court confirmed the position in the MasterCard ruling by the Court of Justice of the European Union that the MIFs were in breach of Article 101(1) of the Treaty on the Functioning of the European Union, thereby bringing clarity to a number of inconsistent decisions on this issue.

In addition, the case provides welcome guidance on the issue of pass-on in damages claims.

Thus, while the...

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