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02 July 2021 / Stephen O'Dowd
Issue: 7939 / Categories: Features , Competition
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Competing class actions—who wins carriage?

52139
Stephen O’Dowd looks at competing claims & whether parties can afford to let the courts roll the dice
  • Looks at approach to competing claims in Australia, Canada and the US.
  • Considers what approach the UK’s Competition Appeals Tribunal might take.

Competing claims are a common feature of class action regimes. When faced with overlapping class actions against the same defendant, courts will typically allow only one action to proceed. Which means they must resolve so-called carriage disputes, unless the parties to competing actions can find a satisfactory way to collaborate.

The UK’s class action regime is relatively new and its overseer, the Competition Appeal Tribunal (CAT), is yet to resolve a carriage dispute. The CAT has, instead, been preoccupied with certification, having so far refused to grant any action with clearance to launch.

The wait for the CAT’s first positive certification decision should now be short, following a recent decision by the Supreme Court that the CAT must lower its threshold. And, in what could be a bumper harvest for keen observers of the UK regime, the CAT

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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