The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)

The Supreme Court has handed down its judgment in the case which concerned the test for the certification of collective proceedings within the context of a follow-on damages claim in the Competition Appeal Tribunal (CAT). [1] The Supreme Court has dismissed Mastercard’s appeal; the case will now go back to the CAT, which will reconsider Mr. Merricks’ application for a Collective Proceedings Order (CPO) in light of the Supreme Court’s guidance as to the relevant test. The decision addresses key questions about the legal requirements for the issuing of a CPO and should now open the door to other collective follow-on damages claims in the CAT. In so doing, it may well prove to have significantly altered both the competition litigation and class action landscapes in the U.K. Background

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Authors

  • Shearman & Sterling (London)
  • Shearman & Sterling (Brussels)
  • Shearman & Sterling (London)
  • Shearman & Sterling (London)

Quotation

Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu, The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard), 11 December 2020, e-Competitions December 2020, Art. N° 98395

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