EN Official Journal of the European Union C 200/11

Judgment of the General Court of 24 May 2012 — MasterCard and Others v Commission

(Case T-111/08) (1)

(Competition - Decision by an association of undertakings - Market for the provision of debit, charge and credit card transaction acquiring services - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Multilateral fallback interchange fees - Article 81(1) and (3) EC - Concept of ancillary restriction - No objective necessity - Restriction of competition by effect - Conditions for the grant of an individual exemption - Rights of the defence - Remedy - Periodic penalty payment - Statement of reasons - Proportionality)

2012/C 200/20

Language of the case: English

Parties

Applicants: MasterCard, Inc. (Wilmington, United States); MasterCard International, Inc. (Wilmington); MasterCard Europe (Waterloo, Belgium) (represented by: B. Amory, V. Brophy, S. McInnes, lawyers, and T. Sharpe QC)

Defendant: European Commission (represented: initially by F. Arbault, N. Khan and V. Bottka and subsequently by N. Khan and V. Bottka, acting as Agents)

Interveners in support of the applicants: Banco Santander, SA (Santander, Spain) (represented by: F. Lorente Hurtado, P. Vidal Martínez and A. Rodriguez Encinas, lawyers); Royal Bank of Scotland plc (Edinburgh, United Kingdom) (represented by: D. Liddell, Solicitor, D. Waelbroeck, lawyer, N. Green QC and M. Hoskins, Barrister); HSBC Bank plc (London, United Kingdom) (represented by: M. Coleman and P. Scott, Solicitors and R. Thompson QC); Bank of Scotland plc (Edinburgh) (represented: initially by S. Kim, K. Gordon and C. Hutton, Solicitors, and subsequently by J. Flynn QC, E. McKnight and K. Fountoukakos-Kyriakakos, Solicitors); Lloyds TSB Bank plc (London) (represented by: E. McKnight, K. Fountoukakos-Kyriakakos, Solicitors, and J. Flynn QC); MBNA Europe Bank Ltd (Chester, United Kingdom) (represented by: A. Davis, Solicitor and J. Swift QC)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented: initially by E. Jenkinson and I. Rao, acting as Agents, subsequently by I. Rao, S. Ossowski and F. Penlington, and finally by I. Rao, S. Ossowski and C. Murrell, acting as Agents, and by J. Turner QC and J. Holmes, Barrister); British Retail Consortium (London) (represented by: P. Crockford, Solicitor, and A. Robertson, Barrister); EuroCommerce AISBL (Brussels, Belgium); (represented: initially by F. Tuytschaever and F. Wijckmans and subsequently by F. Wijckmans and J. Stuyck, lawyers)

Re:

Application for annulment of Decision C(2007) 6474 final of 19 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Cases COMP/34.579 — MasterCard, COMP/36.518 — EuroCommerce, COMP/38.580 — Commercial Cards), and, in the alternative, for annulment of Articles 3 to 5 and 7 of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MasterCard, Inc., MasterCard International, Inc., and MasterCard Europe to bear their own costs and to pay those incurred by the European Commission;

3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs;

4. Orders British Retail Consortium and EuroCommerce AISBL to bear their own costs;

5. Orders Banco Santander, SA, Royal Bank of Scotland plc, HSBC Bank plc, Bank of Scotland plc, Lloyds TSB Bank plc and MBNA Europe Bank Ltd to bear their own costs.

(1) OJ C 116, 9.5.2008.