MasterCard Consumer Claim
MILLIONS OF CONSUMERS SET TO GET UP TO £70 EACH FROM MASTERCARD CLASS ACTION SETTLEMENT
The Competition Appeal Tribunal today gave its final approval to the £200 million settlement in the long running class action against Mastercard, which will now allow the millions of UK consumers who are part of the class to come forward and claim their share of the £200 million, with individuals potentially getting between £45 and £70 each. UK consumers will shortly be able to register to receive a payment by completing a simple online form regardless whether they ever held a Mastercard card. It is expected that payments will be made to consumers who register before year end.
This is the largest settlement of a group litigation for the benefit of UK consumers. Whilst the settlement level is less than the billions that were initially claimed, in the end the facts of the case as they became known through many hearings, with witness and expert evidence, meant that the true value of the claim became clear and the £200 million represents what the Tribunal considered to be without doubt a fair and reasonable settlement. In today’s economic times, UK consumers will welcome up to £70 in their pockets.
The Tribunal judges recognised the “huge responsibility” as class representative undertaken by former Financial Ombudsman Walter Merricks and expressed its appreciation for his over 8 year “tireless fight” for the benefit of the class he represented. It also commended his decision to come up with a distribution plan that seeks to ensure maximum participation from UK consumers in the settlement payment process. Challenges to the settlement by litigation funder Innsworth Capital, which sought to argue that it should get at least £179 million and UK consumers should be capped at getting no more than £4 each, were all comprehensively rejected. The Access to Justice Foundation may also benefit from the settlement.
Official information on how to claim will be posted on this website in the coming weeks.
Am I a member of the class?
You are automatically a member of the class if you (i) lived in the UK (for at least a continuous period of three months) between 22 May 1992 and 21 June 2008; (ii) were aged 16 or over during this time; (iii) (for non-business purposes) bought goods and services from businesses selling in the UK, irrespective of the means of payment used; and (iv) were living in the UK on 6 September 2016.
About
About the Claim
The claim says that if between 22 May 1992 and 21 June 2008 you purchased goods and/or services from businesses selling in the UK that accepted Mastercard cards and you were a resident in the UK for part of this period, you may have paid higher prices as a result of Mastercard’s unlawful conduct. The claim further says that although the unlawful conduct was brought to an end, these prices may have remained wrongly elevated for a further two years, namely up until 21 June 2010.
You are automatically a member of the class if you (i) lived in the UK (for at least a continuous period of three months) between 22 May 1992 and 21 June 2008; (ii) were aged 16 or over during this time; (iii) (for non-business purposes) bought goods and services from businesses selling in the UK, irrespective of the means of payment used; and (iv) were living in the UK on 6 September 2016.
Mr Merricks and Mastercard agreed to settle the collective proceedings on 3 December 2024 (see here). The settlement was approved by the Competition Appeal Tribunal (the “Tribunal”) at the three day hearing that took place from 19 to 21 February 2025, with the Tribunal stating that the £200 million settlement was “just and reasonable” pursuant to Rule 94 of the Competition Appeal Tribunal Rules. You can find further information on the Settlement Updates page. Given the settlement has been approved, the collective proceedings are being discontinued other than for the purposes of distributing the settlement to class members. On 20 May 2025, the Tribunal handed down its written judgment (here) which will now allow the millions of UK consumers who are part of the class to come forward and claim their share of the £200 million, with individuals potentially getting between £45 and £70 each. UK consumers will shortly be able to register to receive a payment by completing a simple online form regardless whether they ever held a Mastercard card. It is expected that payments will be made to consumers who register before year end. Official information on how to claim will be posted on this website in the coming weeks.
Consumers who made purchases from businesses selling in the UK between 1992 and 2008 could be affected by a collective consumer claim against Mastercard.
This website has been created to provide information about a collective consumer claim against Mastercard that has been filed with the Tribunal by Walter Merricks CBE (the class representative) on behalf of a “class” of individuals.
The claim follows a legal finding of the European Commission that Mastercard imposed unlawful fees on transactions processed through its network. These fees were paid by businesses for accepting payments made with a Mastercard credit or debit card in the period 1992 to 2008. More than half a million businesses in the UK, including major supermarkets, that accepted Mastercard cards in the relevant period, paid these unlawful fees, and it is alleged passed these on to consumers in higher retail prices.
The claim says that if between 22 May 1992 and 21 June 2008 you purchased goods and/or services from businesses selling in the UK that accepted Mastercard cards, at a time at which you were both (1) a resident in the UK for a continuous period of at least three months, and (2) aged 16 years or over, you paid higher prices as a result of Mastercard’s unlawful conduct – irrespective of the means of payment you used. The claim has been brought on behalf of the class of individuals who meet these conditions except people who work for Mastercard or lawyers or judges in the case. If you meet these conditions, the claim also says that you paid higher prices until 21 June 2008, and possibly for two years thereafter, until 21 June 2010, during what is known as a “run-off period”, and so the claim also seeks to recover losses during the run-off period.
Although Mr Merricks filed his claim in 2016, it was disallowed by the Tribunal, so he appealed to the Court of Appeal which overturned the Tribunal’s decision. Mastercard appealed against that decision to the Supreme Court which upheld Mr Merricks’ claim in December 2020. The case was remitted to the Tribunal for redetermination, and a hearing took place on 25–26 March 2021 to consider whether the claim should be allowed to proceed. Judgment following that hearing was handed down on 18 August 2021, with the Tribunal finding that Mr Merricks’ claim was both eligible and suitable to be certified as a collective proceeding, the first of its kind in UK legal history. A case management hearing took place in January 2022 and in a judgment handed down on 9 March 2022, the Tribunal confirmed that class members who have died since the claim was filed on 6 September 2016, and those who die before the action is concluded, will be succeeded in the proceedings by the personal/authorised representative of their estate. Mastercard appealed the 9 March 2022 judgment to the Court of Appeal, which dismissed the appeal on 29 November 2022.
The Tribunal subsequently decided to split the case into several issues to be determined at separate hearings. We give a brief summary below of the status of key issues. If the settlement is not approved, at a later date, the Tribunal will set directions for the resolution of the other remaining issues including the counterfactual and quantum.
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Causation and Value of Commerce: A hearing to determine: (i) whether there was a relevant causal link between the levels of EEA MIFs and the levels of domestic interchange fees; and (ii) what the volume of Mastercard’s commerce was (to assist calculation of consumers’ loss) was heard between the 5–28 July 2023. The judgment following this hearing was handed down on 26 February 2024.
1. Mr Merricks prevailed on three key points. The Tribunal accepted Mr Merricks’ submissions on the interpretation of the relevant rules, finding that the unlawful intra-EEA interchange fees applied as a default in the UK (which will have important implications for the future of the case). The Tribunal also held that ‘on-us’ transactions which involve the same issuing and acquiring bank in the transaction did have an interchange fee applied to them, contrary to the arguments of Mastercard. The value of winning on this issue represents 18% of the volume of commerce. The Tribunal also found that Mastercard’s interchange fees were not set by reference to cost studies (which was a key pillar of Mastercard’s defence).
2. Mr Merricks is disappointed with the Tribunal’s finding on whether there was a factual causal link between the EEA MIFs and domestic interchange fees. Mr Merricks considers that the Tribunal failed to properly consider the factual evidence before it and also went beyond the legally permissible findings it could make. Mr Merricks tried to appeal this judgment, but unfortunately, the Court of Appeal refused Mr Merricks’ application for permission to appeal.
3. As recognised by the Tribunal in the judgment, it was only addressing “the first stage in the chain of causation”, and the determination of the legal issue of causation would address what would have happened in the absence of the unlawful interchange fees charged by Mastercard. This would need to be the subject of a future trial.
- Preliminary issues, including exemptibility, applicable law, and certain limitation/prescription points. A hearing on certain ‘preliminary’ issues was held between 12–17 January 2023. The Tribunal handed down its ruling on 21 March 2023, in which Mr Merricks won the exemptibility and applicable law issues and Mastercard won on the limitation issue. Both Mr Merricks and Mastercard lodged appeals relating to the issues decided against them. These appeals/permission to appeal applications were heard between 1–3 May 2024. The Court of Appeal agreed with the Tribunal’s decision and dismissed Mastercard’s appeal on exemptibility. However, it refused the parties’ applications for permission to appeal on the other issues.
- Limitation: A hearing to determine whether some of the claims brought by Mr Merricks are time-barred to the extent the cause of action arose prior to 20 June 1997 was heard between 15–26 January 2024 (with 6 sitting days). The Tribunal found in Mastercard’s favour under limitation rules that apply in England, Wales and Northern Ireland, which means that the claims between 22 May 1992–20 June 1997 are time-barred for English, Welsh, and Northern Irish class members. The legal position is different under Scots law, and that means claims for that earlier period are not time-barred for Scottish class members. Mr Merricks has a separate outstanding appeal on limitation which, if the settlement is not approved in February 2025, is due to be heard on 16 July 2025.
- Pass-on: The pass-on issues in Mr Merricks’ claim are being determined alongside similar pass-on issues that arise in respect of claims by thousands of businesses against Visa and Mastercard regarding interchange fees, which are being heard together in the “Merchant Proceedings”. The pass-on issues are twofold: (i) “Merchant Pass-on” which concerns whether merchants passed-on alleged illegal overcharges to consumers by way of higher prices; and (ii) “Acquirer Pass-on” which concerns whether acquiring banks which pay interchange fees to Visa and Mastercard, passed on the overcharge to merchants. The trial of these issues was split in two. The first part of the trial was on Merchant Pass-on and was heard between 18 November 2024–17 December 2024. The second part of the trial on Acquirer Pass-on and the final submissions relating to Merchant Pass-on are due to be heard from 24 March 2025–4 April 2025.
The Tribunal is currently considering whether the pass-on issues in Mr Merricks’s claim should be tried in joint hearings alongside similar issues in claims that have been brought by hundreds of merchants and other businesses against Mastercard (and Visa) relating to similar (and in some cases the same) interchange fees. The pass-on issues are specifically: (a) whether, and to what level, banks passed on the costs of the unlawful fees to merchants and other businesses; and (b) whether, and to what level, merchants and other businesses passed these costs on to consumers.
The Tribunal has stated that it will determine whether the pass-on issue should be heard in joint hearings alongside the merchant claims after the pass-on evidence each party will rely on becomes clear, but that Mr Merricks should participate in a data collection process that has arisen from the 10–11 January 2024 evidential hearing. The Tribunal has previously noted that it considers Mr Merricks’ participation to be beneficial and is minded to approve his participation in Trial 2.
Latest News
See What's in the News
3 December 2024: Mr Merricks and Mastercard reach settlement subject to the approval of the Tribunal.
Walter Merricks CBE, the Class Representative: “I am very pleased that after nearly 9 years of litigation with Mastercard, I have agreed a settlement that I believe will deliver meaningful compensation to class members who choose to come forward to participate in the distribution of the damages. Ever since I began my claim I have aimed to ensure that the new regime for collective redress can be seen to work effectively and to do that I had to take my case to the Supreme Court. I now look forward to presenting the details of the settlement to the Tribunal for its consideration and approval.”
The Sun
20 May 2025
COMPO CASH Mastercard paying out millions in compensation to customers after landmark legal battle
MASTERCARD is set to pay out £200million in compensation to 47million customers after a landmark legal battle.
Customers will be entitled to a compensation payout worth up to £70 each.
It's understood anyone with a Mastercard - or who bought from a business which accepted the card - will be able to claim. We explain more below.
Evening Standard
20 May 2025
Millions set to receive up to £70 each after Mastercard settlement terms agreed
The UK class action against Mastercard, brought by former financial ombudsman Walter Merricks, dates back to 2016.
Millions of consumers are set to receive up to £70 each following the final approval of a £200 million settlement against payment card provider Mastercard.
The Competition Appeal Tribunal gave its final approval on how the settlement should be distributed on Tuesday following the class action against Mastercard, which dates back to 2016.
The Mirror
20 May 2025
Mastercard paying customers up to £70 each after landmark legal battle - full details
Mastercard is set to pay out £200million in compensation after a major new legal ruling from the Competition Appeal Tribunal today. The payouts come as consumers financially lost out because of Mastercard's "unlawfully high" card fees.
The long running case has been running for the last 10 years, with Walter Merricks, a former financial ombudsman, having first launched the legal claim back in 2016.
Merricks alleged that 46 million shoppers in the UK were "ripped off" after fees were wrongly levied on transactions made between 1992 and 2008. The fees were paid by the retailers accepting Mastercard, which were then passed on to consumers in the form of higher prices.