Opinion Briefs

Moy Park Visa and Mastercard Fee Claim Stayed

By Fiona Nugraha · · 3 min read
Moy Park Visa and Mastercard Fee Claim Stayed - moy park visa mastercard claim
Moy Park Visa and Mastercard Fee Claim Stayed

UK food processing giant Moy Park Limited has paused its competition damages claim against Visa and Mastercard, as a related group case advances through the courts. The Competition Appeal Tribunal (CAT) ordered the proceedings stayed on 20 July 2026, preventing the case from moving forward while the litigation setting stabilizes.

Who is involved in the claim?

The claim was filed on 26 June 2026 under section 47A of the Competition Act 1998. Moy Park is leading the group alongside 21 other corporate claimants, including ASOS Payments UK Limited, Busy Bees Nurseries Limited, and TUI UK Retail Limited. Harcus Parker Limited represents the group, with Thomas Ross acting as the reference contact.

The proceedings allege that rules operated by Visa and Mastercard 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.

Link to broader litigation

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. 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.

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While the claim is paused, the link to the broader group case creates a complex procedural path for all parties involved in the dispute. The CAT’s stay order links Moy Park Limited’s claim directly to the collective proceedings brought by Commercial and Interregional Card Claims I Limited under case numbers 1441/7/7/22 and 1443/7/7/22, despite differences in the parties and pleaded losses.

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.

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. 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.

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