Reasoned order of the Tribunal requiring the OFT to file a schedule indicating which paragraphs of its infringement decision regarding the MasterCard interchange fee agreement, in the context of the proceedings, were not relied on, were withdrawn or qualified or in respect of which no positive case was being made in the proceedings.
The Tribunal considered that the findings in an infringement decision, which are binding on the addressees, have significant legal consequences, including exposure to potential damages actions. In those circumstances, it was particularly important to be able to identify the findings in issue and the basis for those findings.
The Tribunal found that it was necessary for there to be the utmost clarity about the OFT’s position where, on the documents before the Tribunal, it was apparent that the case made in the OFT’s defence was, in several respects, materially different from the case made in the infringement decision.
