Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Fees definition

What does Fees mean? In legal practice, Fees are the sums payable by one party to another for goods, services or rights under a contract, together with any agreed charges or other amounts. The term is descriptive rather than statutory; while specific legislation prescribes particular court or registry fees in England & Wales, Scotland, Northern Ireland and Ireland, in private agreements Fees is a contract-defined term. Usage is broadly consistent across these jurisdictions. Key features in contracts include whether Fees cover one-off, periodic, retainer or success-based payments; whether expenses/disbursements are included or separate; whether VAT/sales taxes are excluded or included; timing and invoicing; indexation;...

Court of Appeal: Mastercard and Visa MIFs breach Article 101(1) TFEU; Article 101(3) and quantum remitted to CAT; 'passing-on' defence limited; 'death spiral' ancillary restraint rejected

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (Sainsbury’s appeals before the Supreme Court: UKSC 2018/0156 and UKSC 2018/0154) ARCHIVED – this case hub records the position as at the judgment of 4 July 2018; it is no longer maintained. See also: timeline, commentary, and related cases

Case facts Outline

These appeals concern competition Damages claims brought by retailers against MasterCard and Visa regarding multilateral interchange Fees (MIF). The judgments under challenge are:

Sainsbury’s Supermarkets Ltd v MasterCard Incorporated
Asda Stores Limited v MasterCard Incorporated and ors
WM Morrison Supermarkets PLC v MasterCard Incorporated and ors
Argos Limited and ors v MasterCard Incorporated
Sainsbury’s Supermarkets Ltd v Visa Services LLC and ors

On 04/07/2018, the Court of Appeal handed down its judgment, finding that MIFs infringed competition law. Matters concerning Article 101(3) TFEU and Quantum were remitted to the CAT for reconsideration...

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Web page updated on 21/05/2026

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