Mastercard UK Members Forum Ltd Mastercard International Inc, Court of Appeal - United Kingdom Competition Appeals Tribunal, July 10, 2006, [2006] CAT 14

Extract

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Mastercard UK Members Forum Ltd Mastercard International Inc, Court of Appeal - United Kingdom Competition Appeals Tribunal, July 10, 2006, [2006] CAT 14

[2006] CAT 14

Before:

Sir Christopher Bellamy (President)

Dr. Arthur Pryor CB

Mr. David Summers

Sitting as a Tribunal in England and Wales

BETWEEN:

MASTERCARD UK MEMBERS FORUM LIMITED

-and-

MASTERCARD INTERNATIONAL INCORPORATED AND

MASTERCARD EUROPE SPRL

-and-

ROYAL BANK OF SCOTLAND GROUP

Appellants

-supported by-

VISA EUROPE LIMITED AND VISA UK LIMITED

Interveners

-and-

OFFICE OF FAIR TRADING

Respondent

-supported by-

THE BRITISH RETAIL CONSORTIUM

Intervener

Heard at Victoria House on 19 June 2006

Mr. Nicholas Green QC (instructed by Lovells) appeared for the First Appellant, MasterCard UK Members Forum.

Mr. Thomas Sharpe QC and Mr. Matthew Cook (instructed by Jones Day) appeared for the Second Appellant, MasterCard International Incorporated and MasterCard Europe Sprl.

Mr. Christopher Carr QC (instructed by Ashurst) appeared for the Third Appellant, Royal Bank of Scotland Group.

Sir Jeremy Lever QC, Mr. Jon Turner, Mr. Meredith Pickford and Mr. Josh Holmes (instructed by the Solicitor, Office of Fair Trading) appeared for the Respondent.

Mr. Stephen Morris QC, Ms. Kelyn Bacon and Ms. Anneli Howard (instructed by Freshfields Bruckhaus Deringer) appeared for the First Intervener, Visa (Europe) Limited and Visa (UK) Limited.

Mr. Aidan Robertson (instructed by Dechert LLP) appeared for the Second Intervener, British Retail Consortium.

JUDGMENT ON SETTING ASIDE THE DECISION

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Background

1. This judgment deals with two related issues: (1) whether these appeals should proceed further and (2) if not, whether the OFT's decisio...

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