The UK Supreme Court lowers the bar on certification for collective actions by dismissing a credit card company’s appeal (Merricks / Mastercard)

In a highly anticipated ruling, the UK Supreme Court has dismissed Mastercard's appeal against the principles established by the Court of Appeal (on appeal from the UK's Competition Appeal Tribunal ("CAT")) in relation to the approval of class actions by the CAT. The case will now be remitted to the CAT for reconsideration. The ruling potentially opens the door to a wave of large-scale opt-out actions under the UK's fledgling collective proceedings regime. Opt-out proceedings can be pursued on behalf of a class of unnamed, and even unidentified, claimants who are deemed to be included in the action unless they specifically opt-out. This is in contrast to opt-in actions, which require claimants to elect to join the action in order to be considered a member of the class. WHAT YOU NEED

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Authors

  • Ashurst (London)
  • Ashurst (London)

Quotation

Euan Burrows, Max Strasberg, The UK Supreme Court lowers the bar on certification for collective actions by dismissing a credit card company’s appeal (Merricks / Mastercard), 11 December 2020, e-Competitions December 2020, Art. N° 99156

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