After a wait of nearly 15 months from the introduction of class actions in the UK for antitrust damages claims, the first class certification hearing took place before the UK’s Competition Appeal Tribunal (the “CAT”) between December 12 and 14. Having heard argument, the CAT is considering whether to refuse certification or to adjourn the certification hearing in order to allow the proposed representative to reformulate their claim (and, potentially, narrow the scope of the claim brought) and/or seek evidence to substantiate the currently proposed sub-class. In its handling of this certification hearing, the CAT, through its President, Sir Peter Roth, has sent out a strong signal that it intends to consider rigorously all such applications for certification and will require that
The UK Competition Appeal Tribunal hands down its first-class certification judgment on concerted practices in the mobility scooter sector (Dorothy Gibson / Pride Mobility Products)
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