UK: What makes claims eligible for inclusion in collective proceedings?

In October 2015, the UK enacted a class action procedure for competition law claims. The procedure is called “a collective proceedings.” The procedure gives a broad discretion to the Competition Appeal Tribunal to determine whether claims are eligible to be brought as a collective proceedings. This article examines those factors that make a claim eligible for inclusion in collective proceedings through the lens of North American class action experience.

I. Introduction 1. Two years ago, and following lengthy consultations with consumer, business and legal stakeholders, the government decided to overhaul the procedures governing private competition law actions [1]. These new procedures are found in the Consumer Rights Act 2015. Schedule 8 to the Act amends the Competition Act 1998 and the Enterprise Act 2002 in significant and far-reaching ways. The amendments came into force on 1 October 2015. 2. The Consumer Rights Act 2015 introduced into UK law a North American style class action regime for claims seeking redress on a collective basis for violations of UK and EU competition law. Violations of competition law can cause extensive harm across wide swaths of the economy but in a manner that does not justify individual damage claims

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David R. Wingfield, UK: What makes claims eligible for inclusion in collective proceedings?, February 2016, Concurrences N° 1-2016, Art. N° 77341, pp. 240-250

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