Judge Smith added that it would be “most unfortunate, even as between temporally segregated claims, for questions of pass-on to be decided differently, when those questions are (in substance) quite possibly the same. That risk is best avoided if the pass-on questions in the two sets of proceedings are heard together.”
Legal Representation
Judge Smith sat on the panel for the tribunal with Ben Tidswell and Professor Michael Waterson. Merricks is represented by Mark Simpson KC of Fountain Court Chambers and Jack Williams of Monckton Chambers, instructed by Willkie Farr & Gallagher LLP. Mastercard is represented by Matthew Cook KC and Owain Draper of One Essex Court, instructed by Freshfields Bruckhaus Deringer LLP. Visa is represented by Daniel Piccinin KC of Brick Court Chambers and Aislinn Kelly-Lyth of Blackstone Chambers, instructed by Linklaters LLP and Milbank LLP.
Some merchant claimants are represented by Mehdi Baiou of One Essex Court, instructed by Stephenson Harwood LLP and Scott+Scott Attorneys At Law LLP. Primark and Allianz are represented by Tristan Jones KC of Blackstone Chambers. Full counsel details were not immediately available.
Visa and Mastercard Trials Hearing : Case Details
The cases are Merchant Interchange Fees Umbrella Proceedings, case number 1517/11/7/22, and Walter Hugh Merricks v. Mastercard Inc. and others, case number 1266/7/7/16, in the Competition Appeal Tribunal.
