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Data Driven Compliance: Understanding the ECCTA and Its Impact on Fraud Prevention with Vince Walden
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The UK government has launched a review into the opt-out collective actions regime for antitrust law claims. This review comes a decade after the regime’s launch. During this period, the regime has developed significantly,...more
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
As we have explored in our Class Actions series, the popularity of mass claims in the English courts continues to grow. Such claims represent a substantial threat to financial institutions but, at the same time, we are also...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
In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was...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
The Supreme Court’s decision in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 has caused a stir in the legal industry, leaving a number of...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
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
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
Historically, class action lawsuits were primarily tied to the U.S. With the exceptions of Canada, Australia, and a few others, most countries around the globe did not embrace this legal recovery mechanism as freely and...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
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
Class actions aren’t just for U.S. courts anymore. Our Litigation Group explores the potential for transatlantic class action liability and the growth of collective redress throughout the UK and EU....more
On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling....more