Takeaways - The U.K. Supreme Court, in its much-anticipated decision in Lloyd v Google, held that “opt-out” representative (class) actions cannot proceed unless the plaintiff proves material damage and shows that each class...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
9/16/2021
/ Class Action ,
Class Certification ,
Collective Actions ,
Competition ,
Compound Interest ,
Corporate Counsel ,
European Commission ,
Opt-Outs ,
UK ,
UK Competition Appeal Tribunal (CAT) ,
UK Supreme Court
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
Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020]...more
7/7/2020
/ Anti-Competitive ,
Antitrust Violations ,
Burden of Proof ,
Calculation of Damages ,
Compensatory Damages ,
Credit Cards ,
Defense Strategies ,
Interchange Fees ,
Mitigation ,
Passing On ,
Pleadings ,
UK ,
UK Supreme Court