Mastercard have won the right to appeal the July 2018 Court of Appeal ruling in the Interchange fee litigation to the Supreme Court.

The Supreme Court will hear appeals of MasterCard, Visa and Sainsbury’s, save in relation to Article 6 of the European Convention on Human Rights (the right to a fair trial).

Kate Pollock, Co-Head of Competition Litigation, acting on behalf of Asda, Argos and Morrisons, said:

“We note that MasterCard has been granted permission to appeal to the Supreme Court and are confident that the Supreme Court will uphold the Court of Appeal’s judgment.”

In July 2018 the Court of Appeal ruled that the fixing of interchange fees by MasterCard was an unlawful infringement of competition law, subject to the question of exemption. This judgment overturned previous decisions of the Commercial Court and the Competition Appeal Tribunal. It is the largest competition appeal for many years, and will have ramifications for other separate actions regarding interchange fees.

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