Jessica Foley

CMS (London)
Lawyer (Senior Associate)

Jessica Foley is a Senior Associate in the Litigation and Arbitration department of CMS Cameron McKenna Nabarro Olswang in London.

Linked authors

CMS (London)
CMS (London)

Articles

390 Bulletin

Kenny Henderson, Jessica Foley, Devina Shah UK competition class actions: an overview of national case law in the first five years

390

Five years ago, on 1 October 2015, the UK introduced a class action procedure for competition claims. Following a public consultation on the proposed new regime, the Government summed up its decision to introduce an opt-out mechanism as follows: “…it is very clear that the current system of collective redress [which does not include an opt-out class action procedure] does not work. Consumers are not currently getting redress for breaches of competition law… Consumer groups have been clear that they would not take another case under an opt-in system… It is also clear that… there are some cases that could only ever be brought on an opt-out basis…”. In the consultation process, the UK Government also noted that business groups had different concerns, including that an opt-out mechanism could lead to exaggerated claims and that the U.S. class action model should be avoided.

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