United Kingdom

On behalf of the team

On 13 May 2022, the CAT ruled on a request for appeal by Mastercard Inc in a class action case initiated by Walter Hugh Merricks CBE in connection with the MIFs cartel established by the European Commission in 2007.[1] Merricks had summoned Mastercard on 6 September 2016 on behalf of all of Mastercard’s surviving aggrieved parties, an opt-out case. MasterCard defended itself by asserting that the class action could not or could no longer pertain to people who died after that date. The CAT had rejected this defence in March 2022 and now decided on 16 May 2022 that no appeal could be lodged against that ruling. However, Mastercard could still lodge an objection directly with the appeal court because of the legal issue at hand. Mlex reported on 18 May 2022 that Mastercard had announced that it would lodge an objection.[2]

[1] Competition Appeal Tribunal 13 May 2022, case 1266/7/7/16 (Merricks/Mastercard).

[2] MLex, ‘Mastercard to fight on at appeal court over scope of UK class action’, 18 May 2022.