Clifford Chance

Antitrust Class Actions: UK Tribunal clarifies approach to certifying opt-out collective proceedings

17 August 2022

In a recent judgment, the UK Competition Appeal Tribunal clarified its approach to certifying collective actions for breaches of European Union and United Kingdom competition law, resolving for the first time a carriage dispute between proposed class representatives. In another judgment in the Court of Appeal, the CAT’s discretion to certify collective proceedings on an opt-out basis was unsuccessfully challenged. This article summarises these important developments as collective action claims continue to be certified in the UK.

The authors are Elizabeth Morony, Partner, Ben Jasper, Senior Associate and Oliver Carroll, Associate, Clifford Chance LLP.

This article was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in the European Competition Law Review as "Antitrust Class Actions: UK Tribunal clarifies approach to certifying opt-out collective proceedings" in E.C.L.R., (2022) 43(8) N-182-N-185, and is reproduced by agreement with the publishers.

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