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

13 Pages Posted: 11 Jul 2018  

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). Available at SSRN: https://ssrn.com/abstract=3191027 or http://dx.doi.org/10.2139/ssrn.3191027

Cento Veljanovski (Contact Author)

Case Associates ( email )

Pavilion
96 Kensington High Street
London, W8 4SG
United Kingdom
+44 (0)20 73764418 (Phone)

HOME PAGE: http://www.casecon.com

Institute of Economic Affairs

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London, SW1P 3LB
United Kingdom

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