Merricks v Mastercard Incorporated & Ors [2017] CAT 21 (28 September 2017)

Merricks v Mastercard Incorporated & Ors [2017] CAT 21 (28 September 2017)

There is no jurisdiction to grant permission to appeal the refusal of a collective proceedings order under section 49(1A) of the Competition Act 1998, as such a refusal is not a decision as to the award of damages or other sum, nor as to the grant of an injunction. Even if there were jurisdiction, the grounds of appeal would have no real prospect of success.

Citation
[2017] CAT 21
Parties
Applicant: Walter Hugh Merricks CBE; Respondent: Mastercard Incorporated; Respondent: Mastercard International Incorporated; Respondent: Mastercard Europe S. P. R. L
Jurisdiction
United Kingdom
Judgment Date
28 September 2017
Procedural Posture
Application for Permission to Appeal (competition Appeal Tribunal) / Post Judgment, Permission to Appeal Stage
Outcome
Permission to appeal refused
Legal Topics
Collective Proceedings Order, Jurisdiction to Appeal, Compensatory Damages, Pass on Defence, Distribution of Damages
Competition Law Civil Procedure Collective Proceedings Order Jurisdiction to Appeal Compensatory Damages Pass on Defence Distribution of Damages

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Parties

Walter Hugh Merricks CBE

Applicant

Mastercard Incorporated

Respondent

Mastercard International Incorporated

Respondent

Mastercard Europe S. P. R. L

Respondent

Procedural Posture

Application for Permission to Appeal (competition Appeal Tribunal) / Post Judgment, Permission to Appeal Stage

Legal Issues

  1. 1 Whether there is jurisdiction to appeal the refusal of a collective proceedings order (CPO) under section 49(1A) of the Competition Act 1998
  2. 2 Whether the grounds of appeal have a real prospect of success

Ratio Decidendi

There is no jurisdiction to grant permission to appeal the refusal of a collective proceedings order under section 49(1A) of the Competition Act 1998, as such a refusal is not a decision as to the award of damages or other sum, nor as to the grant of an injunction. Even if there were jurisdiction, the grounds of appeal would have no real prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused