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Competition

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Mastercard has lost its latest appeal against the Competition Appeals Tribunal (CAT) decision to certify an ‘opt-out’ class action.
Mastercard has been refused permission to appeal the Competition Appeal Tribunal (CAT) judgment greenlighting the claim in the mammoth class action launched by former Financial Ombudsman Walter Merricks.
They’re massive, big money, headline-grabbing and share-price rocking—and possibly coming to a court near you! At least, that’s if the Competition Appeal Tribunal (CAT) continues on its current path of greenlighting opt-out collective proceedings. 
The Competition Appeal Tribunal’s desire to breathe life into the collective proceedings regime is clear from its CPO approval rate & reluctance to strike out or summarily dismiss claims: Cameron Laing assesses the impact of its approach thus far

The £1bn UK class action against banks for Forex rigging (FX Claim) cannot proceed on an opt-out basis, the Competition Appeal Tribunal (CAT) has ruled by a 2-1 majority

A second opt-out Collective Proceedings Order (CPO) has been made, this time in the £469m Justin Le Patourel v BT claim in the Competition Appeal Tribunal (CAT)
The Competition and Markets Authority (CMA) has launched a consultation on proposed amendments to its guidance on penalty setting in Competition Act 1998 cases
Stephen O’Dowd looks at competing claims & whether parties can afford to let the courts roll the dice
Mastercard v Merricks—Henry Warwick QC & Jack Castle report on an important year for collective proceedings & representative actions
Restoring competition in the digital market is essential for enhancing consumers’ confidence in e-commerce, says Dr Jing Wang
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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