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Opt-out giant hits bump in the road

31 May 2023
Issue: 8027 / Categories: Legal News , Collective action , Competition
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The Competition Appeal Tribunal (CAT) has issued its latest ruling in the mega-claim, Merricks v Mastercard Incorporated & ors.

Both the class representative and Mastercard had applied to appeal elements of the CAT’s judgment on preliminary issues—the class representative’s appeal relating to limitation, while Mastercard’s appeal related to exemptibility. Handing down judgment in Merricks v Mastercard [2023] CAT 33 last week, however, the CAT dismissed both applications for permission to appeal.

Walter Merricks, a former financial services ombudsman, is acting as class representative on behalf of 46 million customers in collective proceedings against Mastercard over multilateral interchange fees, in a claim valued at more than £16bn. The class action, launched in 2016 by Merricks, became the first to be granted an ‘opt-out’ collective proceeding order (everyone included unless specifically excluded), in 2021.

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
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Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
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