Mastercard successfully resists summary judgment application

Client(s) MasterCard International Inc.

Jones Day represented Mastercard defending an application for summary judgment brought by numerous retailers in respect of their claims which allege that multiple types of Mastercard's interchange fees for credit and debit cards violate EU and UK competition law (in particular, Mastercard's interchange fees which apply to commercial and consumer domestic, intra-EEA and inter-regional transactions). The Competition Appeal Tribunal unanimously refused the Claimants' application for summary judgment as regards the period after 9 December 2015 (when the Interchange Fee Regulation 2015 came into force) and as regards Mastercard's inter-regional consumer interchange fees, Italian domestic interchange fees and the interchange fees for commercial card transactions. The Court of Appeal unanimously upheld the Competition Appeal Tribunal's decision in respect of the Claimants' summary judgment application, finding that Mastercard has a real prospect of successfully defending the claims at trial.

Dune Group Limited and others v Mastercard Incorporated and others [2021] CAT 35, [2022] EWCA Civ 1278