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Supreme court rules in favour of merchants in landmark interchange fee case

Thursday 18 June 2020 14:43 CET | News

The UK Supreme Court has unanimously upheld the decision of the Court of Appeals in the interchange litigation case, finding the interchange fees set by Visa and Mastercard to be anti-competitive.

In the landmark ruling, the Supreme Court was found in favour of the merchants, concluding that the global schemes' Multilateral Interchange Fees (MIFs) restricted competition. With the merchants succeeding on all major issues, this leaves very little room for manoeuvre for the global schemes, Visa and Mastercard, according to CMSPI, an independent payments consultancy.

This would be great news at any time: but after many retailers have suffered significant revenue damage through the COVID-19 pandemic, the potential for releasing billions in settlement to merchants will be more welcome than ever, CMSPI continued.

After years of economic and legal battle, retailers operating in the UK now having the opportunity to lodge their own claims to recoup excessive interchange fees.

While the court’s legal ruling is clear, it is now down to the Competition Appeal Tribunal (CAT) to quantify the extent of merchants’ losses – and therefore the level of interchange that can now be reclaimed. Based on claims going back to 2013, the maximum pay-out for UK merchants could be an estimated EUR 17 billion if Visa and Mastercard fail to prove pass-through benefits. If European merchants then proceed, it could be as much as EUR 68 billion (CMSPI estimate).
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Keywords: Visa, MasterCard, interchange fees, merchants, payments , retailers, card payments, UK
Categories: Payments & Commerce
Companies:
Countries: United Kingdom
This article is part of category

Payments & Commerce