Judgment setting out the Tribunal’s reasons for setting aside the OFT’s decision following an indication from the OFT that it wished to withdraw that decision.
In respect of MasterCard International’s request for a declaration that the MasterCard Members Forum multilateral interchange fee did not constitute a restriction of competition within Article 81(1)/Chapter I, or alternatively, that it satisfied the requirements of Article 81(3)/Section 9 of the Competition Act 1998, the Tribunal did not consider that it was appropriate to continue with the appeals solely for the purpose of considering whether to exercise its discretion to grant the declaratory relief sought.
The Tribunal noted that, whilst the end result of a withdrawal of the decision by the OFT or an order to set aside by the Tribunal were similar, it was appropriate to make an order to set aside the decision pursuant to paragraph 3(2) of schedule 8 to the Competition Act 1998, in the interests of legal certainty and clarity.
