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Why WikiLeaks and DataCell Filed an EU Complaint Against Visa and MasterCard

WikiLeaks and DataCell accused Visa Europe and MasterCard of unlawfully blocking donations. The allegation, a reported preliminary EU position and the unresolved final disposition are distinct parts of the story.
From TheFinanceBase Team2 min to read
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WikiLeaks and Icelandic IT company DataCell complained to the European Commission on 14 July 2011, alleging that Visa Europe and MasterCard improperly blocked card donations to WikiLeaks and violated EU competition law. That was the complainants’ legal claim, not an established finding. In 2012, WikiLeaks said the Commission had preliminarily decided not to open a formal investigation; the final disposition is not established by the available cited records.

What prompted the complaint?

Reuters reported that WikiLeaks and DataCell filed their complaint with the European Commission on 14 July 2011. They challenged the card networks’ blocking of payments intended as donations to WikiLeaks, arguing that the conduct breached EU antitrust rules. Reuters’ contemporaneous report describes the filing and the allegation.

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DataCell was an Icelandic IT company involved in enabling donation payments. In its complaint document, DataCell said it had undertaken to accept donations for the WikiLeaks project. The document sets out the complainants’ position; it is not an independent determination that the networks acted unlawfully. The complaint copy provides detail about DataCell’s role.

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Did Visa and MasterCard violate EU law?

The filing alleged that blocking the donations breached competition law. The complaint itself does not prove the allegation, and the cited record does not establish a court or regulator finding that Visa Europe or MasterCard violated EU law in this matter. The distinction matters: a complaint asks an authority to assess conduct; it is not a ruling on the merits.

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What did the European Commission do?

On 27 November 2012, WikiLeaks said the Commission had issued a preliminary decision not to open a formal investigation. That account is from WikiLeaks, one of the complainants, rather than a Commission decision or case record. The cited sources do not establish the complaint’s final disposition, so they do not support saying either that the Commission definitively cleared the companies or that it found an infringement. WikiLeaks’ statement should be read with that attribution.

How the complaint fits into the timeline

  • 14 July 2011: Reuters reported that WikiLeaks and DataCell filed the complaint with the Commission.
  • 24 May 2012: The General Court dismissed MasterCard’s challenge in a separate case about multilateral interchange fees. That case did not concern WikiLeaks donations. The Court’s press release describes the separate litigation.
  • 20 November 2012: The European Parliament adopted a resolution concerning an integrated European market for card, internet and mobile payments. It is policy context, not a decision on DataCell’s allegations. The resolution addresses the broader payments market.
  • 27 November 2012: WikiLeaks publicly characterized the Commission’s position on its complaint as preliminary and against opening a formal investigation.
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Why the separate MasterCard case is easy to confuse with this one

MasterCard’s 2012 General Court case concerned multilateral interchange fees and a Commission competition decision about those fees. It was not an adjudication of whether Visa Europe or MasterCard improperly blocked donations to WikiLeaks. The Parliament’s 2012 resolution likewise addressed payment-market policy broadly, not the legality of the specific conduct alleged by DataCell and WikiLeaks.

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