The claims were initiated following separate rulings by the European Commission and U.K. Supreme Court, which found that the card giants charged unlawful fees. These rulings have spurred claims from hospitality companies and class actions representing various businesses burdened by these charges.
Umbrella Proceedings and Liability Trial
The cases are proceeding as a group action after the Competition Appeal Tribunal decided that the individual claims could be managed collectively in umbrella proceedings.
In a liability trial in February, merchants argued that the interchange fees violate antitrust laws because they “are not a freely negotiated price.” The court has yet to issue a ruling on this phase of the case, which is one of three distinct phases in the litigation.
Consumer Claims and Representation
In a separate action, consumers represented by solicitor Walter Merricks claim that they paid higher prices in stores between 1992 and 2008 due to excessively high swipe fees charged by Mastercard, which retailers passed on to customers.
