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UK competition update: Court of Appeal ruling on limitation, applicable law and exemptibility in Merricks v Mastercard; CMA clears Thermo Fisher/Olink; DMU senior appointments as digital markets regime begins

Published on: 08 July 2024

Published by a LexisNexis Competition expert
Legal News
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  • Private actions
  • Mergers
  • Digital markets
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Article summary

Private actions Court of Appeal issues judgment relating to preliminary issues and exemplarity in damages claim in Merricks v Mastercard

On 5 July 2024, the Court of Appeal handed down its judgment in Walter Hugh Merricks CBE v Mastercard Incorporated and Others, an appeal from the CAT’s judgment of 21 March 2023 addressing preliminary questions concerning limitation and exemptibility in the collective proceedings begun by Mr Walter Hugh Merricks CBE to pursue damages from Mastercard. The case is grounded in the European Commission’s 2007 decision (the Commission’s 2007 decision), which concluded that Mastercard’s EEA multilateral interchange fees (MIFs) breached Article 101 TFEU. That 2007 decision of the Commission was later upheld by the Court of Justice, on Mastercard’s appeal, on 11 September 2014, and forms the basis for the claim advanced in these proceedings...

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