Competition Appeal Tribunal Confirms the Access to Justice Foundation as Recipient of Unclaimed Funds in Merricks v Mastercard
The Competition Appeal Tribunal today has handed down its written judgment along with the collective settlement approval order in the Merricks v Mastercard case.
This case was a landmark collective action brought on behalf of over 44 million UK consumers, alleging that Mastercard’s unlawful fees inflated retail prices over a 16-year period. It resulted in a £200 million settlement – the largest of its kind in the UK.
In its written judgment today, the Tribunal confirmed that the Access to Justice Foundation is the appropriate recipient for any unclaimed funds arising from the settlement. The Foundation is the only charity prescribed under section 47C(5) of the Competition Act to receive undistributed damages in the event of a judgment. The Tribunal emphasised that this aligns with the statutory and public interest objectives underpinning the UK’s opt-out collective redress regime.
The judgment specifically recognised that a charity supporting access to justice for disadvantaged individuals is an appropriate recipient of unclaimed funds in a case of this scale:
“A charity which has as its object the provision of assistance to a very wide range of bodies across the UK to help the disadvantaged pursue or protect their legal rights seems to us an appropriate recipient of residue funds in these proceedings.”
In addition to any remaining balance under Pot 3 of the settlement, the Tribunal made clear that unclaimed funds from Pot 1 (the portion set aside for direct payments to class members) should also pass to the Foundation if uptake is low.
This judgment marks an important milestone in ensuring that collective redress not only holds companies accountable, but also delivers real benefits to the public. The Access to Justice Foundation is proud to support this goal and will continue to work with partners to ensure that any residual settlement funds deliver meaningful, long-term impact.
Clare Carter, CEO of the Access to Justice Foundation, commented:
“We welcome today’s ruling by the Tribunal, which has designated the Foundation as the recipient of unclaimed funds. We have already begun working with partners to ensure any unclaimed money gets distributed to charities that will improve access to justice for those that need it the most.”
