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Five years ago, on 1 October 2015, the UK introduced a class action procedure for competition claims. Following a public consultation on the proposed new regime, the Government summed up its decision to introduce an opt-out mechanism as follows : “…it is very clear that the current system of collective redress [which does not include an opt-out class action procedure] does not work. Consumers are not currently getting redress for breaches of competition law… Consumer groups have been clear that they would not take another case under an opt-in system… It is also clear that… there are some cases that could only ever be brought on an opt-out basis…”. In the consultation process, the UK Government also noted that business groups had different concerns, including that an opt-out mechanism could lead to exaggerated claims and that the U.S. class action model should be avoided.
