Merricks v Mastercard Incorporated & Ors [2018] EWCA Civ 2527 (13 November 2018)

Merricks v Mastercard Incorporated & Ors [2018] EWCA Civ 2527 (13 November 2018)

The Court of Appeal has jurisdiction to hear an appeal on a point of law from a Competition Appeal Tribunal decision refusing to make a Collective Proceedings Order (CPO), as such a refusal is a decision as to the award of damages within the meaning of s.49(1A)(a) of the Competition Act 1998, because it denies the unique remedy of an aggregate award of damages available only in collective proceedings.

Citation
[2018] EWCA Civ 2527
Parties
Appellant/applicant: Walter Hugh Merricks CBE; Respondent/interested Party: Mastercard Incorporated; Respondent/interested Party: Mastercard International Incorporated; Respondent/interested Party: Mastercard Europe S. P. R. L; Respondent (judicial Review): The Competition Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
Appeal and Judicial Review / Jurisdictional Preliminary Issue on Right of Appeal From Refusal of Collective Proceedings Order (cpo)
Outcome
Appeal allowed on jurisdictional issue; Court of Appeal has jurisdiction to hear the appeal on a point of law from the refusal of a CPO.
Legal Topics
Collective Proceedings, Class Actions, Jurisdiction, Appeals, Consumer Rights Act 2015, Competition Act 1998, Aggregate Damages
Competition Law Civil Procedure Collective Proceedings Class Actions Jurisdiction Appeals Consumer Rights Act 2015 Competition Act 1998 +1 more

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Parties

Walter Hugh Merricks CBE

Appellant/applicant

Mastercard Incorporated

Respondent/interested Party

Mastercard International Incorporated

Respondent/interested Party

Mastercard Europe S. P. R. L

Respondent/interested Party

The Competition Appeal Tribunal

Respondent (judicial Review)

Procedural Posture

Appeal and Judicial Review / Jurisdictional Preliminary Issue on Right of Appeal From Refusal of Collective Proceedings Order (cpo)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal on a point of law from a Competition Appeal Tribunal decision refusing a Collective Proceedings Order (CPO) under s.47B of the Competition Act 1998
  2. 2 Interpretation of s.49(1A) Competition Act 1998 as to 'decision as to the award of damages' in collective proceedings

Ratio Decidendi

The Court of Appeal has jurisdiction to hear an appeal on a point of law from a Competition Appeal Tribunal decision refusing to make a Collective Proceedings Order (CPO), as such a refusal is a decision as to the award of damages within the meaning of s.49(1A)(a) of the Competition Act 1998, because it denies the unique remedy of an aggregate award of damages available only in collective proceedings.

Court Disposition

Appeal allowed on jurisdictional issue; Court of Appeal has jurisdiction to hear the appeal on a point of law from the refusal of a CPO.

Orders

  • Court of Appeal declares it has jurisdiction to hear the appeal on a point of law from the refusal of a Collective Proceedings Order (CPO) by the Competition Appeal Tribunal.