Collective Certification in UK Competition Law – Commonality, Costs and Funding

World Competition, 2019

13 Pages Posted: 11 Jul 2018 Last revised: 23 Jan 2020

See all articles by Cento Veljanovski

Cento Veljanovski

Case Associates; Institute of Economic Affairs

Date Written: April 24, 2018

Abstract

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

Veljanovski, Cento, Collective Certification in UK Competition Law – Commonality, Costs and Funding (April 24, 2018). World Competition, 2019, Available at SSRN: https://ssrn.com/abstract=3191027 or http://dx.doi.org/10.2139/ssrn.3191027

Cento Veljanovski (Contact Author)

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