The UK Supreme Court hands down an important judgment allowing a £14 billion opt-out collective proceeding to proceed (Merricks / Mastercard)

The long-awaited UK Supreme Court judgment in Mastercard v Merricks (‘the Judgment’) was handed down last Friday morning. The Judgment allows a £14bn opt-out collective proceeding to proceed. The application for a collective proceeding, launched by Walter Hugh Merricks CBE in 2016, is the second in the CAT (following the ‘Scooters’ case in 2017) since the start of the UK’s opt-in class action regime, in 2015. The Judgment gives further clarity on the standard required to certify an ‘opt-out’ class for a collective proceeding in the UK’s Competition Appeal Tribunal (‘the CAT’). The Supreme Court made five specific remarks in its Judgment about the CAT’s decision in the Merricks case, as follows [1]: First, in addition to the overcharge (which the CAT determined was a common issue), the merchant

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Authors

  • Oxera (Oxford)
  • Oxera (London)

Quotation

Joseph Bell, Kimela Shah, The UK Supreme Court hands down an important judgment allowing a £14 billion opt-out collective proceeding to proceed (Merricks / Mastercard), 11 December 2020, e-Competitions June 2021, Art. N° 100676

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