Oral Arguments in Mammoth MasterCard Collective Action Kicks Off In Supreme Court
13th May 2020
The controversial case was initially rejected after a specialized court, the Competition Appeals Tribunal (CAT), denied certification because it said the claimant would be unable to prove that the fees were passed on to consumers, among several other reasons. Though the CAT was specifically established to hear and triage competition cases like this, the UK Court of Appeal reversed the CAT’s decision. MasterCard subsequently appealed the Court of Appeal’s decision to the Supreme Court.
Mark Hoskins, arguing for MasterCard before the Supreme Court, said the CAT was created to be the “lord of this realm” and serve as an “important gateway” and “filtering function” for mass actions. Unless the CAT was found to have made a “genuine error of law,” Hoskins said, its dismissal should be allowed to stand.
The Supreme Court is not expected to decide the case until the end of this year or early 2021.