Try Again On Swipe Fee Limitation Dispute, Tribunal Told
Law360, London (May 22, 2020, 4:20 PM BST) -- An appeals court ruled on Friday that the question of whether a retailer waited too long to sue Mastercard over its swipe fees has to go to trial, concluding that the facts require digging into before a decision on whether to toll the deadline.
The Court of Appeal ruled unanimously that the Competition Appeal Tribunal should have have ordered disclosure and considered evidence instead of conducting a "hypothetical" exercise over whether Dixons Carphone waited too long to sue Mastercard Inc. for allegedly breaking antitrust law.
The tribunal considered what the telecoms retailer might have known about the alleged infringement, but it "did...
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