United Kingdom Leading Case anti competitive agreementscausation factual

Sainsbury's Supermarkets Ltd v Mastercard Inc

[2020] UKSC 24

JurisdictionUnited Kingdom

CourtUK Supreme Court

Year2020

StatusBinding authority

Summary

Multilateral interchange fees set above the merchant indifference test level are restrictive of competition; damages require a 'but for' counterfactual analysis.

Key Principle

For damages claims following competition law infringement, the 'but for' counterfactual must be established; multilateral interchange fees were restrictive of competition where they were set above the level of the merchant indifference test.

Area of Law

competition

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