Mastercard class action certified

The UK’s Competition Appeal Tribunal last week certified the highly anticipated Merricks v. Mastercard lawsuit, which represents the first time an opt-out class action has been certified since the new regime was introduced in 2015. Innsworth Capital is providing funding of up £45.1 million for the case, which could see Mastercard liable for around £14 billion of damages for infringing EU law by charging ‘interchange’ fees on the use of debit and credit cards between 1992 and 2008. In granting the order, the Tribunal looked closely at the litigation funding agreement and determined that it was suitable, subject to Innsworth providing an undertaking as to liability for costs. Read the order.