The English Courts have reignited the prospects of a £14
billion class action against Mastercard.
In a much anticipated ruling, on 16 April 2019, the Court of
Appeal of England and Wales (the Court) granted an appeal by Walter
Merricks, the representative for over 46 million U.K. consumers,
against Mastercard in relation to alleged overcharging of interbank
fees between 1992 and 2008. The Court favoured a broad approach to
class certification, lowering the standard of scrutiny favoured by
the lower court, the Competition Appeal Tribunal (CAT). The Court
found that class claimants need only show a real prospect of
success to secure class certification. Detail as to how the class
would substantiate its proposed economic model (in this case, a
relatively complex theory as to what credit card surcharges would
be passed on by merchants to consumers) or scheme of award
distribution, if successful, was not required.
