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Unsettled Settlement: Resolving Collective Actions in the Competition Appeal Tribunal

Generally, claims in the UK (including class actions) can be settled without court approval. Settlement is particularly important in competition damages claims, given the complexity, uncertainty and cost of litigating these...more

Certification of Collective Actions in the CAT

To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

Learning From the Trucks Cartel Judgment: Mitigation

The Competition Appeal Tribunal’s judgment in Royal Mail and BT’s claim against DAF Trucks has provided welcome clarity on how the legal test for pass on should be applied. It provides helpful guidance on the factors that a...more

Counting the costs of certification: the allocation of costs in collective proceedings

Costs matter - in collective proceedings, where costs can be staggeringly high at the certification stage alone, costs allocation can be an important factor influencing parties’ litigation conduct. However, costs...more

Mastercard overcharge counterfactual declined - Tribunal rules in Merricks class action

The Competition Appeal Tribunal has handed down a judgment determining several preliminary issues in the £17 billion collective action brought against Mastercard in relation to anti-competitive multilateral interchange fees,...more

Certified Progress for the UK’s Collective Actions Regime - the First Opt-Out Class Action has been Approved

This week has seen a major breakthrough in the UK’s fledgling class action regime, which brought opt-out collective proceedings to the UK for the first time back in 2015. The first opt-out collective action has now been...more

When Can You Argue Mitigation? CAT Rejects Supplier Mitigation Defence and Issues Guidance for Scope of Supplier Mitigation

A Competition Appeal Tribunal (CAT) judgment recently obtained by Royal Mail and BT has wide-ranging implications, not only for all competition follow-on damages claims but also many other forms of commercial damages claims....more

Bound by prior admissions: Court of Appeal upholds the CAT’s abuse of process judgment against Truck Cartelists

The Court of Appeal has strongly dismissed an appeal against the Competition Appeal Tribunal’s (“CAT’s”) decision that it would be an abuse of process for certain truck manufacturers to seek to challenge the facts recorded in...more

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