The UK Competition Appeal Tribunal grants its first collective proceedings order in a class action (Merricks / Mastercard)

After protracted challenges to class certification status, in Merricks v Mastercard [1] the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2 million consumers, but Mastercard successfully persuaded the CAT to narrow the class, potentially reducing the claim by £5 billion. Key Takeaways From This Case and the CAT’s CPO Pipeline The CPO order was uncontested. This suggests Mastercard anticipated that the CAT would conclude that the case satisfied the U.K. Supreme Court (UKSC) certification test ― in essence, whether the claim is better suited to collective rather than individual proceedings. The CAT remains active in managing the breadth of claims. The CAT decided in favour of Mastercard on the issues of

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (London)
  • Skadden, Arps, Slate, Meagher & Flom (London)
  • Skadden, Arps, Slate, Meagher & Flom (London)

Quotation

Sym Hunt, Bill Batchelor, Bruce Macaulay, The UK Competition Appeal Tribunal grants its first collective proceedings order in a class action (Merricks / Mastercard), 18 August 2021, e-Competitions August 2021, Art. N° 102819

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