Author: Flora Robertson
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No MIFS or buts
The Tribunal’s recent judgment in the interchange proceedings gives important guidance on the use of counterfactuals in competition infringement claims. The Trial 1 judgment in the Merchant Interchange Fee Umbrella Proceedings [2025] CAT 37 was handed down on 27 June (here). The claims initially comprised over 2000 individual claims brought by merchants against Visa and… Continue reading
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Beware of the CAT
Has the CAT turned full circle in its approach to collective proceedings orders (CPOs)? The short history of the CPO regime starts with the unsuccessful first application back in 2017 followed shortly afterwards by the Supreme Court’s very applicant-friendly 2020 decision in Merricks v Mastercard (see our blog here). But a growing number of decisions… Continue reading
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Regulating Big Tech in the UK
Following hot(ish) on the heels of the EU’s Digital Markets Act, the UK’s Digital Markets, Competition and Consumers Bill (“the Bill”) was published on 25 April 2023. It seeks to do three things: (1) to establish a new ex-ante regulatory regime for digital markets, conferring powers on the CMA, via its Digital Markets Unit, to… Continue reading
