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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 / or Mastercard (the “Schemes”) in relation to the Multilateral Interchange Fee (“MIF”).
This afternoon, First Minister Nicola Sturgeon announced additional lockdown measures which will be implemented from Saturday the 16th. In an attempt to “maximise the impact of lockdown” the current restrictions are to be strengthened. Residents in tier 4 areas are only allowed to leave and remain outside their home for essential purposes. Working from home should be the default stance taken by employers unless it is impossible for the job to be done from home.
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