The Competition Appeal Tribunal has directed that this website be established and this notice be issued following an application by Walter Merricks CBE (the proposed class representative) for a Collective Proceedings Order. The Collective Proceedings Order Application asks the Tribunal to (i) approve the claim as eligible to proceed as a collective claim on behalf of eligible UK consumers; and (ii) approve Walter Merricks CBE to act as the class representative. To read the Application or a summary of the Application, click here.
This website contains information about the proposed claim and your right to object to the Collective Proceedings Application or the authorisation of the proposed class representative.
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The Competition Appeal Tribunal is a specialist court based in London that covers the whole of the UK and hears disputes such as these. The Tribunal publishes its Rules and Guidance, together with information about what it does, on its website.
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The proposed claim is against Mastercard Incorporated, Mastercard International Incorporated, and Mastercard Europe S.P.R.L. Together, these entities are called "Mastercard".
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On 19 December 2007, the European Commission decided that Mastercard imposed unlawful fees on transactions processed through its network. These unlawful fees were paid by businesses that accepted Mastercard cards as payment for goods and/or services. The Commission also stated that consumers are likely to have paid higher prices for goods and services because the businesses raised retail prices as a result of Mastercard’s unlawful fees. Mastercard lost its appeals against this decision in 2014.
According to the Collective Proceedings Order Application, it does not matter what form of payment you used to buy goods or services from businesses selling in the UK (i.e., you do not need to have paid with a Mastercard, or any other form of credit or debit card). The proposed claim says you paid higher prices and lost out as a result of Mastercard’s unlawful conduct. The proposed claim seeks to include purchases (for non-business purchases) made by individuals from businesses selling within the UK between 22 May 1992 and 21 June 2008. Purchases made by individuals whilst they were outside the UK are not included in the claim.
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The Collective Proceedings Order Application requests that Walter Merricks CBE be authorised to act as the class representative for the proposed claim.
As the proposed class representative, Mr Merricks would conduct the claim against Mastercard on behalf of all class members, except for those who opt out of the class. Mr Merricks would instruct the lawyers and experts, make decisions on the conduct of the claim, and, in particular, would decide whether to present any offer of settlement that Mastercard may make to the Tribunal for its approval.
During the case, Mr Merricks would be responsible for communicating with the class and for issuing formal notices. If approved, Mr Merricks would update the class about the claim on this website, through the media and on social media.
Mr Merricks has had a long and distinguished career defending consumer interests and holding large financial firms to account for their conduct. Mr Merricks is a qualified lawyer and the former Chief Ombudsman of the Financial Ombudsman Service, a position he held for 10 years.
As the Chief Ombudsman, Mr Merricks ensured that consumers received billions of pounds in compensation from banks, building societies, mortgage lenders, consumer credit card providers, investment firms, insurance companies, and other financial institutions.
The Tribunal will judge Mr Merricks’ suitability to act as the proposed class representative.
To read Mr Merricks’ witness statement, click here.
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