MasterCard and Visa judgments on interchange fees overturned on appeal

04 Jul 2018 | by Monckton Chambers

After an unprecedented 10-day hearing, the Court of Appeal handed down judgment today in the three linked appeals on the lawfulness of interchange fees, in Sainsbury’s v MasterCard (Competition Appeal Tribunal), Asda and others v MasterCard (Commercial Court) and Sainsbury’s v Visa (Commercial Court). In the UK, interchange fees are fees charged on all card […]

Award of Lancashire Children’s Services Contract to Virgin Care Set Aside

22 Jun 2018 | by Monckton Chambers

Lancashire Care NHS Foundation Trust v Lancashire County Council [2018] EWHC 1589 (TCC) The High Court (Mr Justice Stuart Smith) has today handed down a judgment setting aside the award of a contract for public health nursing services by Lancashire County Council to Virgin Care Services Limited.  The Court has upheld a challenge made by […]

Flynn / Pfizer v CMA: the CMA misapplied the test for excessive pricing

07 Jun 2018 | by Monckton Chambers

The Competition Appeal Tribunal handed down a Judgment today setting aside parts of the CMA’s decision imposing combined fines on the pharmaceutical companies, Pfizer and Flynn, of around £90 million for charging unfairly high prices for the anti-epileptic drug, phenytoin sodium capsules, in breach of Article 102 TFEU / the Chapter II prohibition. Although the […]

Ronit Kreisberger – Joint Lead Counsel for European Commission Written Observations on MasterCard and Visa MIF claims

05 Jun 2018 | by Ronit Kreisberger

On 23 May, the European Commission published its Written Observations submitted under Article 15(3) of Regulation 1/2003 in the Appeals in the English Court of Appeal against the 3 first instance Judgments dealing with the claims against MasterCard and Visa for recovery of multilateral interchange fees (MIFs). Article 15(3) provides that the Commission may, acting […]

Bratt v. HMRC – formal requirements for VAT repayment claims

05 Jun 2018 | by Raymond Hill

The Court of Appeal has decided that VAT repayment claims made under section 80 VATA must refer to quarterly or monthly accounting periods. In Bratt, the taxpayer purported to make a Fleming claim for the whole of 1989 without identifying which of the sums claimed related to particular accounting periods. The Court of Appeal agreed […]

Tariq v UK: Lack of Gist in Closed Proceedings Not Unfair

24 May 2018 | by Monckton Chambers

Gulamhussein and Tariq v United Kingdom, application nos. 46538/11 and 3960/12 The recent decision of the European Court of Human Rights in Tariq v UK has significant implications for the use of closed material procedures in civil proceedings in which article 6 ECHR is engaged. Mr Tariq was employed by the Home Office as an […]

Two wrongs don’t make a right: The Supreme Court’s Decision in R (Gallaher and Somerfield) v Competition and Markets Authority [2018] UKSC 25

17 May 2018 | by Monckton Chambers

The Supreme Court has considered the way in which the OFT conducted its ‘Early Resolution’ settlement negotiations with parties who were subject to its tobacco investigation.  In overturning the decision of the Court of Appeal, the Supreme Court has held that a mistake made to the benefit of one party in a settlement negotiation is not […]