Collective Certification in UK Competition Law – Commonality, Costs and Funding
World Competition, 2019
13 Pages Posted: 11 Jul 2018 Last revised: 23 Jan 2020
Date Written: April 24, 2018
The certifications of the first two opt-out collective (class) actions - Gibson v. Pride Mobility Scooter and Merricks v MasterCard - were dismissed by the Competition Appeal Tribunal (CAT) under the new UK competition law ‘class action’ regime. Here a critical assessment of the CAT’s two judgments is undertaken focusing on common issues, pass-on, distribution of damages, costs and funding of the emerging UK collective certification process.
Keywords: Collective Actions, Class Actions, UK Antitrust Certification, Canadian Class Certification, Commonality, Common Issues, Pass-On, Indirect Purchasers, Antitrust Damages, Litigation Funding, Adverse Costs
JEL Classification: D4, K0, K21, L1, L4, L11, L12, L13, K14, L41, L44, N60
Suggested Citation: Suggested Citation