Mastercard obtains preliminary issue judgment on applicable law

Client(s) MasterCard International Inc.

Jones Day represented Mastercard International Inc. in respect of a preliminary issue in two sets of proceedings concerning the governing law to apply to claims brought by Italian retailers in the UK. The underlying claims allege that certain of Mastercard's interchange fees for card transactions infringe UK and EU competition law. The Italian retailers contended that they could base their claims on English law which was disputed by Mastercard. The Competition Appeal Tribunal unanimously found, in agreement with Mastercard, that the claims in respect of Italian domestic interchange fees are governed by Italian law pursuant to the Rome II Regulation. In respect of the Italian retailers' claims regarding intra-EEA and inter-regional interchange fees, the Tribunal found that the retailers are entitled to base such claims on English law.

Dune Group Limited and others v Mastercard Incorporated and others [2021] CAT 12