Competition
Walter Hugh Merricks CBE v Mastercard Inc and other companies [2024] EWCA Civ 759, [2024] All ER (D) 57 (Jul)
The Court of Appeal, Civil Division, dismissing the appeal, held that the Competition Appeal Tribunal, in follow-on claims for damages alleged to have arisen by infringement by Mastercard of Art 101 of the Treaty of the Functioning of the European Union, had been correct in determining issues of limitation, because, given the issue of restriction of competition had been decided by the European Commission and the instant proceedings were a follow-on claim by the class for aggregate damages, the issue of causation and quantum of loss were the most significant issues in the proceedings as they were constituted, and those issues were clearly most closely connected with the respective UK jurisdiction and it was substantially more appropriate for those issues in the proceedings to be determined by the law of England and Wales or Scotland respectively rather than by the law of the other EEA countries where the restriction on competition occurred.
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