Merricks v Mastercard Incorporated and others

Competition – Competition Appeal Tribunal. The applicant applied for a collective proceedings order for the purposes of claiming damages, on behalf of a class of some 46.2 million, against Mastercard Inc for breach of art 101 of the Treaty on the Functioning of the European Union, as found by the European Commission. The Competition Appeal Tribunal dismissed the application on the basis that the claims at issue were not suitable to be brought in collective proceedings as required by s 47B(5)(b) of the Competition Act 1998, as amended. Accordingly, the claims would not be certified under r 79 of the Competition Appeal Tribunal Rules 2015, SI 2015/1648.

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