Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal
Over the past decade, changes in legislation, case law, and industry practices have driven a sharp increase in opt-out collective proceedings before the UK’s Competition Appeal Tribunal (“CAT”). We have also seen the English...more
The graphic below tracks the number of competition class actions (CPO applications) filed at the Competition Appeal Tribunal (CAT) since the introduction of a new 'opt-out' regime in the UK in October 2015, as well as the...more
On 1 August 2025, the Court of Appeal handed down its landmark judgment in Le Patourel v BT1 refusing the class representative permission to appeal the Competition Appeal Tribunal's ("CAT") dismissal of the opt-out class...more
We’re halfway through 2025 and there’s plenty to talk about when it comes to competition litigation. In this edition of UK Competition Litigation Quarterly, our lawyers highlight five significant developments from the past...more
It’s been a busy start to 2025 at the Competition Appeal Tribunal, with several key cases and procedural updates shaping the landscape of UK competition litigation. In this edition of UK Competition Litigation Quarterly, our...more
In a reasoned order in January 2025, the Court of Appeal refused DAF Trucks permission to appeal against certification in the Trucks collective proceedings, deferring to the discretion of the Competition Appeal Tribunal in...more
In its 19 December 2024 judgment, the Competition Appeal Tribunal (CAT) unanimously rejected Mr Le Patourel’s excessive pricing claim against BT. This was the UK’s first opt-out collective action to proceed to trial, and will...more
In a long-awaited judgment handed down on 19 December 2024, the Competition Appeal Tribunal (“CAT”) unanimously dismissed the claim brought by Justin Le Patourel against BT Group Plc (“Le Patourel v BT”). As the first UK...more
For our Cooley colleagues in the US, defending class actions against technology platforms has been a part of their day-to-day for many years. However, the need for class action defence lawyers is spreading rapidly to the UK...more
This episode of our “Fierce Competition“ podcast looks at trends across the pond in class actions in the U.K. and focuses on the country’s new tribunal that was created specifically to hear class actions....more
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
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
The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more
After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more
Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more
In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step...more
On September 20, 2019, the Supreme Court of Canada (“SCC”) issued a landmark antitrust class action decision in Pioneer Corp. v Godfrey which clarified several procedural questions relating to class actions. Notably, the...more
The UK class action regime must take a break whilst the Supreme Court (UKSC) hears the appeal in Merricks v MasterCard concerning the proper approach to certification of a class action....more
Heralded as the new dawn for private competition litigation, the Consumer Rights Act 2015 introduced a procedural mechanism for collective proceedings — “class actions” — in the U.K. However, to date, only two applications...more
In one of the first decisions of its kind, the Competition Appeal Tribunal (“CAT”) has blocked a group of claimants from pursuing a £14 billion “collective action” against MasterCard, in a significant blow to the feasibility...more
The first ever application to create a class action under the Consumer Rights Act 2015 regime, in relation to anti-competitive conduct in the mobility scooter market, has been adjourned following faults found with the...more
Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more
On 1 October 2015 the UK introduced a new class action regime for breaches of competition law (specifically cartel conduct or abuse of dominant position) permitting collective proceedings for damages claims which will be...more
The UK Consumer Rights Act 2015 (CRA) entered into force on 1 October. As well as amending a number of aspects of consumer protection law, the CRA implements sweeping reforms of the private competition litigation regime in...more