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

In our May 2020 Competition Litigation Update, we covered the hearing of the landmark Supreme Court case of Mastercard Incorporated v Walter Hugh Merricks [2020] UKSC 51. The Supreme Court has now 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

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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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