1241/5/7/15 (T) Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others

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Status

Claim for damages brought in respect of an alleged infringement of the Chapter I prohibition in the 1998 Act or the prohibition in Article 101(1) of the Treaty on the Functioning of the European Union.

The proceedings were transferred from the High Court to the Tribunal by order of Mr Justice Barling dated 1 December 2015. A pre-trial review was held on 14 December 2015.

The substantive hearing of this matter took place over 23 days between 25 January 2016 and 16 March 2016.

An application by non-parties for access to documents was heard by the Chairman on 13 May 2016 ([2016] CAT 6).

Judgment in the main proceedings was handed down on 14 July 2016 ([2016] CAT 11). The Order made on 11 August 2016 reflects minor amendments made to the text of the Judgment, and the published Judgment has been amended accordingly.

The Defendants’ application for permission to appeal the Judgment of 14 July 2016 to the Court of Appeal was refused on 22 November 2016 ([2016] CAT 23).

A hearing in relation to matters reserved for further argument took place on 16 December 2016. A ruling on the matters reserved for further argument was given on 21 December 2016 ([2016] CAT 26).

The Defendants obtained permission to appeal from the Court of Appeal on 16 August 2017 in respect of all five grounds of their application.  The appeal was heard in April 2018 at the same time as appeals from the Commercial Court judgments in Asda Stores Limited and Others v Mastercard Inc and Others ([2017] EWHC 93) (the "Asda Proceedings") and Sainsbury's Supermarkets Ltd v Visa Europe Services LLC and Others ([2017] EWHC 3047 (Comm) and [2018] EWHC 355 (Comm)) (the "Visa Proceedings").  On 4 July 2018 the Court of Appeal gave judgment in the three appeals ([2018] EWCA 1536 (Civ)).  The Court of Appeal allowed the first ground of the Defendants' appeal, as well as the retailers' appeals in the Asda Proceedings and the Visa Proceedings. Each of the appeals was remitted to the Tribunal for re-consideration in accordance with the Court of Appeal's judgment.

On 29 November 2018 the Supreme Court granted Mastercard and Visa permission to appeal the judgment of the Court of Appeal.  The appeals were heard by the Supreme Court in January 2020.  Judgment was given on 17 June 2020 ([2020] UKSC 24). 

Please refer to the case page for the remitted Case 1286/5/7/18 for further updates. 

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