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On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in
Merricks v Mastercard,
2 decision in a 3-2 ruling. The main aspects of the decision are explained below:
This ruling revives the possibility of a claim by 46.2 million individuals in the U.K. for alleged losses spanning over 16 years across all retail sectors in the U.K. economy, valued at £14 billion.
The diversity of the consumers, retail businesses and extent (if any) of passing-on of overcharges to consumers were not necessarily a bar to certification. Rather, the test was whether the class was more suitable for collective proceedings than individual actions, noting the risk that individual claims would be uneconomic.