Responding to news that the UK's Supreme Court has handed down a judgment which considered pass on issues in the context of the credit card fees (which were found to have breached EU antitrust rules), Kim Dietzel, a partner in Herbert Smith Freehills' competition practice, says:
"In a precedent setting ruling, the Supreme Court has given much needed clarification on when claimants have to account for costs passed on to their own customers. It is clear that they will have to provide evidence of how any increased costs incurred may have been recovered as part of business operations and that the courts can assess this on the basis of estimation.
"The ruling may provide pause for thought for potential claimants, and perhaps, more significantly, for funders and others involved in encouraging claims."
The Supreme Court's ruling can be found here.