Conflicting counterfactuals: The High Court disagrees with the CAT, ruling that MasterCard's multilateral interchange fees are lawful

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The High Court’s judgment concerned substantially similar issues to those addressed by the CAT in July 2016. In that earlier case, the CAT found against MasterCard, and awarded damages of £68.5 million to Sainsbury’s. The decisions were on the same subject matter and made within a little over six months of each other, yet arrived at diametrically opposing outcomes. This article explores the different approaches taken by the courts, and what might happen next.


conflicting-counterfactuals-the-high-court-disagrees-with-the-cat-ruling-that-mastercards-multilateral-interchange-fees-are-lawful.pdf

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