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07 December 2022
Issue: 8006 / Categories: Legal News , Collective action , Competition
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Mastercard loses latest appeal against opt-out class action

Mastercard has lost its latest appeal against the Competition Appeals Tribunal (CAT) decision to certify an ‘opt-out’ class action.

The Court of Appeal’s unanimous dismissal means about three million people who died between September 2016 when the claim was filed and August 2021 when the CAT certified the claim will be succeeded by representatives of their estate. Individuals who have died since August 2021 will also be succeeded, but this was not an issue in the appeal.

The pioneering billion-pound class action is being brought by personal finance campaigner Walter Merricks over multilateral interchange fees charged by Mastercard.

Boris Bronfentrinker, partner at Willkie Farr & Gallagher, representing Merricks, said the judgment in Mastercard v Merricks [2022] EWCA Civ 1568 ‘finally brings to an end the battle to get the collective proceedings certified, a battle that started over six years ago. The scope of the class represented by Mr Merricks is now settled’.

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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