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On appeal from: [2018] EWCA Civ 1536

This appeal concerned whether certain rules of the Visa and Mastercard payment card schemes have the effect of restricting competition, in breach of article 101(1) of the Treaty on the Functioning of the European Union and equivalent national legislation.

The Court of Appeal had held that there was a restriction of competition and made various rulings to as to the legal effect of article 101 (3). The Court of Appeal remitted the article 101(3) exemption issue in all three sets of proceedings to the CAT for reconsideration in the light of the legal rulings it had made and based on the evidence adduced in all three cases. Visa and Mastercard sought to appeal the Court of Appeal’s decision on four grounds. AAM sought to cross-appeal against the order for remittal.

The Supreme Court unanimously upheld the conclusion of the Court of Appeal that the MIFs infringed article 101 (1) and its legal rulings on article 101 (3), dismissing the appeal on all grounds except the ‘broad axe’ issue. The Court allowed the cross-appeal.

For judgment, please download: [2020] UKSC 24

For Court’s press summary, please download: Court’s Press summary

For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing please visit: Supreme Court website 20 January 2020 morning and afternoon session, 21 January 2020 morning and afternoon session, 22 January 2020 morning and afternoon session and 23 January 2020 morning and afternoon session.

To watch the judgment summary, please visit: Supreme Court website: 17 June 2020