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Moy Park Interchange Fee Claim Against Visa and Mastercard Stayed

27th Jul 2026
Moy Park Limited’s competition damages claim against Visa Incorporated and Mastercard Incorporated has been stayed by the Competition Appeal Tribunal pending the outcome of an application to the Court of Appeal for permission to appeal a related commercial card interchange fee judgment. The claim, filed on 26 June 2026 under section 47A of the Competition Act 1998, is brought by Moy Park and 21 other UK corporate claimants. They include ASOS Payments UK Limited, Busy Bees Nurseries Limited, Pilgrim’s Pride Limited, TUI UK Retail Limited, Marella Cruises Ltd, TUI Airways Limited and Liberty Fabric Limited. Harcus Parker Limited, with Thomas Ross named as the reference contact, represents the claimant group. The proceedings allege that rules operated by the Visa and Mastercard groups unlawfully restricted competition through commercial card multilateral interchange fees and related cross-border acquiring rules. The claimants contend that those arrangements increased the merchant service charges paid to acquiring banks and caused overcharges or lost profits. Damages are sought from 1 May 2020 until judgment, or until the alleged infringements cease, together with interest, costs and any further relief awarded by the Tribunal. Ben Tidswell, Chair of the Competition Appeal Tribunal, ordered the proceedings stayed by consent on 20 July 2026. The pause is linked to collective proceedings brought by Commercial and Interregional Card Claims I Limited under case numbers 1441/7/7/22 and 1443/7/7/22. The class representative applied to the Court of Appeal on 13 May 2026 for permission to appeal the Opt-In Application Judgment, reported as [2026] CAT 15. The Moy Park proceedings will remain stayed until 30 days after any appeal is finally determined, although any party may seek to end the stay by giving at least 30 days’ written notice. The Competition Appeal Tribunal’s stay order links Moy Park Limited’s claim directly to the Commercial and Interregional Card Claims I Limited proceedings, despite differences in the parties and pleaded losses. Solicitors advising merchants should preserve transaction records, acquiring agreements and fee data throughout the stay, as Visa Incorporated and Mastercard Incorporated retain the right to seek or obtain disclosure from participating claimants. Barristers will need to assess how any Court of Appeal decision on the Opt-In Application Judgment [2026] CAT 15 could affect pleading, causation, limitation and the calculation of alleged overcharges. In-house counsel and law firm management should treat the stay as a case-management pause rather than an end to exposure or recovery prospects. Defence deadlines have been extended until further order, but evidence preservation, claimant coordination and litigation budgeting remain active concerns. The eventual appeal outcome may shape the route, timing and economics of further interchange fee litigation before the Competition Appeal Tribunal.

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