(T) Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others (Judgment [2016] CAT 11 (14 July 2016)

(T) Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others (Judgment [2016] CAT 11 (14 July 2016)

The Tribunal found that MasterCard’s MIFs restricted competition in breach of Article 101(1) TFEU and Chapter I of the Competition Act 1998, and that Sainsbury’s suffered loss as a result. The MIFs were not objectively justified nor exempt under Article 101(3) TFEU.

Citation
[2016] CAT 11
Parties
Claimant: Sainsbury’s Supermarkets Ltd; Defendant: MasterCard Incorporated and Others
Jurisdiction
United Kingdom
Judgment Date
14 July 2016
Procedural Posture
Competition Appeal / Judgment
Outcome
claim allowed in part
Legal Topics
Interchange Fees, Abuse of Dominance, Restrictive Agreements
Competition Law Interchange Fees Abuse of Dominance Restrictive Agreements

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Parties

Sainsbury’s Supermarkets Ltd

Claimant

MasterCard Incorporated and Others

Defendant

Procedural Posture

Competition Appeal / Judgment

Legal Issues

  1. 1 Whether MasterCard's multilateral interchange fees (MIFs) infringed UK and EU competition law
  2. 2 Whether Sainsbury’s suffered loss as a result of the MIFs
  3. 3 Assessment of damages

Ratio Decidendi

The Tribunal found that MasterCard’s MIFs restricted competition in breach of Article 101(1) TFEU and Chapter I of the Competition Act 1998, and that Sainsbury’s suffered loss as a result. The MIFs were not objectively justified nor exempt under Article 101(3) TFEU.

Court Disposition

claim allowed in part

Orders

  • MasterCard to pay damages to Sainsbury’s
  • Interest awarded on damages