Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors [2016] CAT 23 (22 November 2016)
None of the five grounds advanced by MasterCard for permission to appeal had a real prospect of success or raised a compelling reason for appeal; the Tribunal's findings on liability and damages were properly reasoned and supported by evidence.
- Citation
- [2016] CAT 23
- Parties
- Claimant: Sainsbury's Supermarkets Ltd; Defendant: MasterCard Incorporated; Defendant: MasterCard International Incorporated; Defendant: MasterCard Europe SA
- Jurisdiction
- United Kingdom
- Judgment Date
- 22 November 2016
- Procedural Posture
- Competition Damages Claim / Ruling on Permission to Appeal
- Outcome
- Permission to appeal refused
- Legal Topics
- Restriction of Competition, Counterfactual Analysis, Damages, Pass on Defence, Permission to Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Sainsbury's Supermarkets Ltd
Claimant
MasterCard Incorporated
Defendant
MasterCard International Incorporated
Defendant
MasterCard Europe SA
Defendant
Procedural Posture
Competition Damages Claim / Ruling on Permission to Appeal
Legal Issues
- 1 Whether permission to appeal should be granted on liability and damages findings
- 2 Whether the Tribunal erred in its counterfactual analysis
- 3 Whether damages should be reduced for lack of loss of profits or pass-on
Ratio Decidendi
None of the five grounds advanced by MasterCard for permission to appeal had a real prospect of success or raised a compelling reason for appeal; the Tribunal's findings on liability and damages were properly reasoned and supported by evidence.
Court Disposition
Permission to appeal refused
Orders
- Permission to appeal is refused
Full Case Text
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