Clifford Chance

Merricks judgment on causation - what’s next for the CAT’s first collective action?

18 March 2024

On 26 February 2024, the UK’s Competition Appeal Tribunal (“CAT”) handed down a judgment on a preliminary issue relating to causation in Walter Hugh Merricks CBE v Mastercard Incorporated and Others [2024] CAT 14 (“Merricks”). Merricks is a follow-on collective action against Mastercard pursuant to the European Commission’s (“EC”) finding in 2007 that Mastercard’s EEA multilateral interchange fees (“MIFs”) breached Article 101 of the TFEU (the “EC Decision”). Merricks was the first claim to be certified under the CAT collective actions regime.

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