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
7/27/2023
/ Administrative Procedure ,
Apple ,
Canada ,
Class Action ,
Class Certification ,
Class Representatives ,
Collective Actions ,
Competition ,
Facebook ,
Rules of Civil Procedure ,
SCOTUS ,
Supreme Court of Canada ,
UK ,
UK Competition Appeal Tribunal (CAT)
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
On 25 April 2023, the UK Government published the Digital Markets, Competition and Consumers Bill. In this Insight, we consider three key aspects of this draft legislation that are of particular relevance to the private...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
In July 2016, the European Commission issued a settlement decision finding that five major truck manufacturers participated in an EEA-wide cartel involving collusion on the prices of medium and heavy trucks and the timing and...more
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
On 23 March 2023 the UK Competition and Markets Authority (‘CMA’) issued an announcement that it has issued fines totalling nearly £60m to 10 construction firms for illegally colluding to rig bids for demolition and asbestos...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
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
The Supreme Court has handed down a landmark judgment in a £14 billion collective action brought against MasterCard in relation to anticompetitive interchange fees, following an infringement decision by the European...more
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
11/11/2020
/ Abuse of Process ,
Administrative Agencies ,
Appeals ,
Cartels ,
Damages ,
Dismissals ,
Manufacturers ,
Settlement ,
Trucking Industry ,
UK ,
UK Competition Appeal Tribunal (CAT)