Merchant Interchange Fee Umbrella Proceedings [2026] CAT 11 (18 February 2026)
The Tribunal found that the interchange fee arrangements constituted anti-competitive conduct under both UK and EU law, resulting in merchants paying higher fees. The respondents failed to demonstrate objective justification or pro-competitive benefits sufficient to outweigh the anti-competitive effects.
- Citation
- [2026] CAT 11
- Parties
- Applicant: Various Merchants; Respondent: Mastercard Incorporated; Respondent: Visa Europe Services LLC
- Jurisdiction
- United Kingdom
- Judgment Date
- 18 February 2026
- Procedural Posture
- Competition Appeal / Final Judgment
- Outcome
- Judgment for applicants
- Legal Topics
- Interchange Fees, Antitrust, Umbrella Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Various Merchants
Applicant
Mastercard Incorporated
Respondent
Visa Europe Services LLC
Respondent
Procedural Posture
Competition Appeal / Final Judgment
Legal Issues
- 1 Whether the setting of merchant interchange fees by Mastercard and Visa constituted anti-competitive conduct under UK and EU competition law
- 2 Whether merchants are entitled to damages for alleged overcharges resulting from anti-competitive practices
Ratio Decidendi
The Tribunal found that the interchange fee arrangements constituted anti-competitive conduct under both UK and EU law, resulting in merchants paying higher fees. The respondents failed to demonstrate objective justification or pro-competitive benefits sufficient to outweigh the anti-competitive effects.
Court Disposition
Judgment for applicants
Orders
- Respondents to pay damages to applicants, quantum to be determined in subsequent proceedings
- Respondents to cease anti-competitive interchange fee practices
Full Case Text
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