The UK Competition Appeal Tribunal approves second and third ever collective proceedings applications for two stand-alone claims of abuse of dominance (Gutmann / South Western Trains) (Le Patourel / BT)

The first Collective Proceedings Order (“CPO”) was made in the United Kingdom in opt-out collective competition proceedings in Merricks v Mastercard Inc. and Others [1]] on 18 August 2021 (a practical inevitability after the Supreme Court’s judgment in that case [2]). Hot on the heels of that decision, the UK’s Competition Appeal Tribunal (“CAT”), has given the seal of approval to two further applications for collective proceedings. On 28 September 2021, the CAT granted a CPO in Le Patourel v BT Group Plc and British Telecommunications Plc, (“Le Patourel”) [3] and on 19 October 2021, the CAT granted a CPO in Gutmann v First MTR South Western Trains Limited and Another; London & South Eastern Railway Limited (“Gutmann”). [4] Mr. Gutmann’s claim becomes only the third competition law claim to

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Luke Streatfeild, Charles Laporte-Bisquit, The UK Competition Appeal Tribunal approves second and third ever collective proceedings applications for two stand-alone claims of abuse of dominance (Gutmann / South Western Trains) (Le Patourel / BT), 19 October 2021, e-Competitions Telecom & Dominance, Art. N° 103704

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