Opt-out class widens net

The CPO, issued this week, on the claim that BT engaged in abusive pricing is based not on a court finding, but on the findings of an Ofcom market review. In August, the first CPO was issued in the Merricks v Mastercard case, which relied on an anti-competitive behaviour finding by the European Commission.

Caroline Harbord, senior associate, Forsters, said: ‘The Tribunal’s decision is significant because it makes clear that “opt-out” CPOs won’t only be limited to classic follow-on damages claims, but can also be obtained in claims where primary liability (ie a breach of competition law) has yet to be established.’