The UK Court of Appeal has confirms that the first claim under the UK’s flagship "opt-out" regime can proceed (Merricks / Mastercard)

The action is based on the EU Commission's finding that MasterCard's EEA multilateral interchange fees (MIFs) breached Article 101(1) TFEU (see here for further details). That finding was upheld by the European Court of Justice (on appeal by MasterCard) on 11 September 2014 (see our further coverage here). On 21 September 2016, Mr Merricks (the applicant) applied for a “collective proceedings order” (CPO) pursuant to the new opt-out damages regime introduced by the Consumer Rights Act 2015, permitting him to act as the class representative bringing opt-out collective proceedings. Obtaining a CPO certification by the class representative (here, Mr Merricks) is the first stage in an opt-out class action. Opt-out

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  • Simmons & Simmons (London)

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Chris Owen, The UK Court of Appeal has confirms that the first claim under the UK’s flagship "opt-out" regime can proceed (Merricks / Mastercard), 16 April 2019, e-Competitions Bulletin April 2019, Art. N° 90222

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