CAT ruling in FX litigation: class action should be opt-in, not opt-out

The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans1 case, concerning two competing applications for a Collective Proceedings Order (“CPO“) in respect of claims for alleged loss … Read more

EU legislators reach agreement on Digital Markets Act

The EU Parliament and Council reached political agreement on the Digital Markets Act (DMA) late on Thursday night (24 March). The Commission has been quick to welcome the agreement, stating that the DMA “will bring fairer conditions to consumers and businesses for many digital services across the EU” (see Commission Press release). Although the DMA … Read more

Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues

On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchange fees. The Supreme Court largely confirmed the less restrictive approach … Read more

Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification

Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchanges … Read more

Clarification on the application of FRAND in the supply chain – postponed!

The Regional Court of Mannheim delivered its judgment in a much noticed patent infringement case in Germany. The dispute is noteworthy not only because of its economic importance but in particular also because the German Federal Cartel Office (FCO) filed an amicus curiae brief in the dispute, which rarely ever happens, and suggested that the … Read more

UK Supreme Court strongly affirms compensatory principle in competition law damages actions and recognises the utility of estimation in the context of pass-on quantification

On 17 June 2020, the UK Supreme Court handed down judgment in a consolidated set of appeals in the multi-lateral interchange fees litigation. In Sainsbury’s v Visa and others and Sainsbury’s v Mastercard and others the Court considered a number of issues relevant to competition litigation. A key element of the judgment relates to the … Read more