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UK Competition Appeal Tribunal (CAT)

Sheppard Mullin Richter & Hampton LLP

Maturing UK Competition Appeal Tribunal Collective Proceedings Process Sees Uptick in Cases

The United Kingdom remains a key European jurisdiction for competition damages actions, also in a post-Brexit world. In particular the number of collective proceedings for competition damages has significantly increased. This...more

McGuireWoods LLP

European Competition Law Newsletter – June 2024

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UK Digital Markets, Competition and Consumers Act 2024 Makes Significant Changes to Competition and Consumer Protection Law - On 24 May 2024, the UK Digital Markets, Competition and Consumers Act 2024 (DMCC Act) became...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court of Appeal Signals Greater Scrutiny of CMA Merger Decisions

For the first time in two decades, the UK Court of Appeal has ruled on the substantive standard of judicial review to be applied by the Competition Appeal Tribunal (CAT or Tribunal) in UK merger cases....more

White & Case LLP

CMA v CAT: High Court supports home search warrants in cartel cases

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On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic...more

Mayer Brown

English High Court Sets Aside Fundamental Rights to Support CMA Raids of Private Residential Premises | Consequences for...

Mayer Brown on

The English High Court has issued a landmark judgment confirming the ability of the UK Competition and Markets Authority ("CMA") to conduct raids of private residential premises when investigating suspected cartels....more

Hogan Lovells

Home truths: UK CMA wins in dispute over searches of domestic premises

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The UK High Court has ruled against the Competition Appeal Tribunal (“CAT”) in a case about the power of the Competition and Markets Authority (“CMA”) to search domestic premises when investigating suspected anti-competitive...more

Morgan Lewis

Collective Proceedings: Who Gets Carriage? UK Competition Appeal Tribunal Decides

Morgan Lewis on

The UK Competition Appeal Tribunal (CAT) recently issued its first-ever precertification ruling addressing a “carriage dispute” in the cases Hunter v. Amazon.com and Hammond v. Amazon.com. A carriage dispute arises where...more

BCLP

Claim To Fame - Mass Litigation: what key trends should financial services firms be aware of in 2024?

BCLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal

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

BCLP

After PACCAR: a New Approach to Funding Collective Proceedings in the CAT

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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

BCLP

Collective Settlement of Mass Claims: an Opportunity for Innovation

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The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject...more

BCLP

Unsettled Settlement: Resolving Collective Actions in the Competition Appeal Tribunal

BCLP on

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

McGuireWoods LLP

European Competition Law Newsletter – October 2023

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EU General Court Confirms Geo-Blocking Illegally Partitions the Single Market - On 27 September 2023, the EU’s second highest court, General Court or GC, upheld a 2021 European Commission decision that geo-blocking...more

Proskauer - Minding Your Business

Game On! Microsoft and Activision Deal is One Step Closer to Actual Reality

On January 18, 2022, Microsoft’s acquisition of Activision, one of the world’s most-valuable gaming companies, was announced. In April 2023, the United Kingdom’s Competition and Markets Authority (CMA) blocked the deal on...more

Faegre Drinker Biddle & Reath LLP

Evans v Barclays: Further Developments in Opt-Out Collective Actions in England & Wales

Recently the English Court of Appeal (CoA) in Evans v Barclays & Ors1 overturned a decision of the Competition Appeal Tribunal (CAT), allowing a follow-on damages claim against various international banks to proceed on an...more

BCLP

PACCAR: a new direction for the funding of class actions?

BCLP on

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

Morrison & Foerster LLP

Has the Gravy Train (or Truck) Been Derailed for Litigation Funders? UK Supreme Court Deals Blow to Litigation Funders

In the recent case of R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28, the UK Supreme Court found that litigation funding agreements (“LFAs”) involve the provision of “claim management services”,...more

Cooley LLP

UK Supreme Court: Litigation Funding Agreements Are Damages-Based Agreements

Cooley LLP on

On 26 July 2023, the UK Supreme Court handed down a judgment that will cause serious disruption (at least in the short term) to the litigation funding market. In R (on the application of PACCAR Inc and others) v Competition...more

BCLP

Certification of Collective Actions in the CAT

BCLP on

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

BCLP

Learning From the Trucks Cartel Judgment: Mitigation

BCLP on

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

TransPerfect Legal

Strength In Numbers: Trends In Antitrust Litigation

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Trucks, trucks, trucks – unless you’ve been living under a rock in the antitrust world, you’ve probably heard about, or even worked on, one of the many follow-on litigation claims related to the Commission’s 2016 cartel...more

BCLP

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

BCLP on

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

TransPerfect Legal

Digital Tough Love

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In the run-up to the TLS in-person event (The Future of EU & UK Competition Regulation), there was heightened chatter about the long-anticipated yet unreleased Digital Markets, Competition, and Consumers (DMCC) Bill. A mere...more

BCLP

Mastercard overcharge counterfactual declined - Tribunal rules in Merricks class action

BCLP on

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

BCLP

Financing losses and interest - simple pleasures or compounding the misery?

BCLP on

It has long been a mystery to economists, accountants and business people why lawyers have regard to simple interest in commercial cases, in circumstances where companies generally do not (and cannot) borrow money on a simple...more

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