In Sainsbury’s v MasterCard the UK Competition Appeal Tribunal (CAT) confirmed for the first time pass-on as a key element in the award of damages in competition law. The CAT set out a legal test for pass-on which sought unconvincingly to distinguish it from the economists’ approach and the EU Damages Directive. The CAT further muddied its reasoning by rejecting pass-on as a “defence” while accepting that there was significant pass-on when awarding interest. This confused position is critically examined in our September Casenote Pass-on in the UK Mastercard litigation – Does legal and economic pass-on really differ?

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