header-logo header-logo

11 February 2022 / Caroline Harbord , Candice Johnson
Issue: 7966 / Categories: Features , Collective action
printer mail-detail

Collective proceedings orders: the story so far…

71831
With the floodgates beginning to open, Caroline Harbord & Candice Johnson examine the first collective competition claims under the opt-out regime
  • An overview of the opt-out group litigation regime, and a summary of the key practical takeaways arising from each of the recent decisions on collective proceedings orders, from the perspective of claimants, lawyers and litigation funders.

2021 heralded a period of unprecedented excitement in the sphere of collective competition claims.

In August 2021, the Competition Appeal Tribunal (CAT) certified the first ever collective proceedings order (CPO), permitting Walter Merricks to pursue an opt-out group claim against Mastercard for established breaches of competition law. Mr Merricks is now authorised as class representative on behalf of 46.2 million potential claimants in a claim valued at a whopping £13.8bn.

In the weeks that followed, the CAT certified two further CPOs in multi-million-pound claims against both BT and two train operating companies (namely First MTR and Stagecoach). These decisions had been put on hold pending the Merricks judgment, and represent

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll