News & Analysis as of

Competition Opt-Outs

Lewis Roca

Legal Issues, Problems, and Unanswered Questions Regarding a State’s Ability and Potential Departure from the Depository...

Lewis Roca on

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings...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

Hogan Lovells

UK Class Action certification

Hogan Lovells on

In the UK, since 2015, there has been a statutory class action regime allowing full opt-out or opt-in class actions for claim for breach of competition law. Competition claims require approval (or certification) before...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions: FX Decision Shows That the CAT Is Willing To Strike Out Poorly Pleaded Claims and Deny Opt-Out Certification

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

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth...

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

Akin Gump Strauss Hauer & Feld LLP

Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

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

Cozen O'Connor

41-State Data Breach Settlement | Additional CCPA Regulations | Suit Over Patient Discharge Notice

Cozen O'Connor on

Antitrust- Attorneys General Testify in House Hearing on Big Tech and Competition- •On March 18, 2021, Colorado AG Phil Weiser and Nebraska AG Doug Peterson testified before the Subcommittee on Antitrust, Commercial,...more

Fox Rothschild LLP

Senate Committee Explores Data Monetization, Consumer Privacy Expectations

Fox Rothschild LLP on

If it makes the individual go “huh, why did that (use of my information) happen?” you, company that provides a service utilizing data, may have a data protection problem on your hands....more

A&O Shearman

Competition class actions off to a slow but steady start

A&O Shearman on

The first judgment on class certification for competition class actions has been issued by the Competition Appeal Tribunal. The judgment will reassure potential defendants, as the Tribunal demanded greater rigour from the...more

Sheppard Mullin Richter & Hampton LLP

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

K&L Gates LLP

The Beginning of US Style Class Actions in the UK? The Risks Associated with Past and Future Anti-Competitive Behaviour Just...

K&L Gates LLP on

On 1 October 2015 the UK introduced a new class action regime for breaches of competition law (specifically cartel conduct or abuse of dominant position) permitting collective proceedings for damages claims which will be...more

Cooley LLP

Alert: UK Consumer Rights Act Ushers in New Era for Competition Litigation

Cooley LLP on

The UK Consumer Rights Act 2015 (CRA) entered into force on 1 October. As well as amending a number of aspects of consumer protection law, the CRA implements sweeping reforms of the private competition litigation regime in...more

Skadden, Arps, Slate, Meagher & Flom LLP

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

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