The UK Competition Appeal Tribunal hands down its first-class certification for entering into agreements and concerted practices aimed at prohibiting the online advertising of certain models of mobility scooter (Dorothy Gibson / Pride Mobility Products)

The UK’s Competition Appeal Tribunal (the “CAT”) has handed down its first class certification judgment in relation to the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). The result? The hearing has been adjourned, with the proposed representative allowed to file and serve an amended Claim Form and revised expert evidence, if so advised, and a revised costs budget, potentially having first sought evidence from third parties. In practice, there must be considerable doubt whether the claim will be able to continue. However, the judgment provides valuable guidance as to the shape and form of the UK’s new class actions regime. Background In 2014, the Office of Fair Trading (the “OFT”), then the UK competition regulator, found that Pride Mobility Products Limited

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Authors

  • Covington & Burling (Brussels)
  • Covington & Burling (Brussels)
  • Covington & Burling (London)

Quotation

Johan Ysewyn, Peter D. Camesasca, Louise Freeman, The UK Competition Appeal Tribunal hands down its first-class certification for entering into agreements and concerted practices aimed at prohibiting the online advertising of certain models of mobility scooter (Dorothy Gibson / Pride Mobility Products), 31 March 2017, e-Competitions March 2017, Art. N° 95649

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