Parsing The Tribunal's Approach To Antitrust Pass-On Claims

By David Bridge and Liz Williams (August 4, 2022, 11:01 PM BST) -- In a significant ruling published in July, the so-called Merchant Interchange Fee Umbrella proceedings,[1] the U.K. Competition Appeal Tribunal reflected on the difficulties that arise when assessing an allegation that the victim of a competition law, or antitrust, infringement has passed on all or part of its loss to another party.

Such an allegation may be made by a defendant seeking to reduce its liability to the victim, or by the party to whom the loss was passed on, which may be able to bring a claim in its own right. The CAT's judgment provides guidance on the evidential, definitional and...

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