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Mastercard, Visa can appeal UK ruling that merchant fees breach antitrust law

Published by Global Banking & Finance Review

Posted on March 17, 2026

2 min read

· Last updated: April 1, 2026

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Mastercard, Visa can appeal UK ruling that merchant fees breach antitrust law
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LONDON, March 16 (Reuters) - Visa and Mastercard can challenge a judgment that found their default multilateral interchange fees charged to retailers infringe competition law, London's Court of Appeal

Mastercard, Visa May Appeal UK Court Ruling on Merchant Fee Antitrust Breach

UK Court Ruling and Ongoing Legal Battle

Background of the Case

LONDON, March 16 (Reuters) - Visa and Mastercard can challenge a judgment that found their default multilateral interchange fees charged to retailers infringe competition law, London's Court of Appeal ruled on Tuesday, in a long-running legal battle over the charges.

Competition Appeal Tribunal Decision

The Competition Appeal Tribunal ruled last year, in linked lawsuits brought by hundreds of merchants, that Visa and Mastercard's multilateral interchange fees breached European competition law. 

Significance of the Ruling

The merchants' lawyers previously said that was the first time Visa and Mastercard's commercial card and inter-regional multilateral interchange fees had been found to infringe competition law.

Appeal and Reactions

Court of Appeal Grants Permission

But the Court of Appeal granted permission to appeal on Tuesday, in a decision welcomed by Mastercard and Visa.

Statements from Visa and Mastercard

The companies said in separate statements that interchange plays an important role in a digital payments ecosystem and provides benefits to consumers, businesses and banks.

Claimants' Perspective

Cian Mansfield, from law firm Scott+Scott, which represents the claimants, said: "We are confident that we will resist the application successfully at the substantive appeal". 

(Reporting by Sam Tobin; Editing by Alexander Smith)

Key Takeaways

  • The UK Competition Appeal Tribunal (CAT) ruled in June 2025 that Visa and Mastercard’s default MIFs infringe EU and UK competition law by object, finding them inherently anticompetitive even when capped by regulation (iclg.com).
  • The Court of Appeal’s March 16, 2026 decision permits Visa and Mastercard to appeal the CAT’s judgment, allowing them to argue that MIFs provide efficiencies and benefit consumers, businesses, and banks (mcguirewoods.com).
  • This development is another stage in the 'Umbrella Proceedings', as further trials on pass‑on of fees and potential damages are still pending, and merchants remain confident they will successfully resist the appeal (brc.org.uk).

References

Frequently Asked Questions

Why are Mastercard and Visa appealing a UK ruling?
Mastercard and Visa are appealing because the UK court found their multilateral interchange fees to merchants breached European competition law.
What was the original ruling against Mastercard and Visa?
The Competition Appeal Tribunal ruled that Mastercard and Visa's interchange fees infringed European competition law in lawsuits brought by hundreds of merchants.
What do Mastercard and Visa claim about interchange fees?
Both companies argue that interchange fees are important for the digital payments ecosystem and provide value to consumers, businesses, and banks.
Who represents the merchants in the legal battle?
Law firm Scott+Scott represents the merchants pursuing claims against Mastercard and Visa.
What is the next legal step in the case?
The Court of Appeal has granted Mastercard and Visa permission to challenge the previous judgment at a substantive appeal.

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