Deutsche Bahn AG and others v MasterCard Incorporated and others

Conflict of laws – Jurisdiction. The claimant retailers contended that, in breach of EU/EEA and domestic competition rules, the merchant service charges (MSCs) which they had paid to so-called 'acquiring' banks in respect of MasterCard and Maestro debit card transactions were higher than they should have been, in consequence of the multilateral interchange fee paid by the claimants' acquiring banks to card issuing banks in respect of each transaction, and that, as a result, they had suffered loss. The Chancery Division made rulings as to the applicable law in respect of the claims relating to four sample countries.

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