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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

The Digital Markets, Competition & Consumers Bill: Key Aspects for Private Enforcement

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

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

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

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