header-logo header-logo

14 May 2021 / Jack Castle , Henry Warwick KC
Issue: 7932 / Categories: Features , Competition , Commercial
printer mail-detail

Collective actions: better together?

48972
Mastercard v Merricks—Henry Warwick QC & Jack Castle report on an important year for collective proceedings & representative actions
  • In December 2020, the Supreme Court clarified the approach for assessing suitability for collective competition proceedings.
  • The approach may encourage wider use of such procedures in cases where the quantification of loss presents a challenge in underlying individual claims.

In Mastercard v Merricks [2020] UKSC 51, [2020] All ER (D) 67 (Dec), the Supreme Court has clarified the requirements for certification of collective proceedings in competition cases. This is a significant decision, likely to be relied upon by claimants seeking to recover follow-on damages for competition law infringements where difficult questions arise as to the quantification of loss and proposals for the distribution of any award of damages to the certified class.

But the careful analysis of the common law as to quantification of loss, and the principled approach of the majority of the court to assessing suitability for collective proceedings, may encourage wider use of collective action procedures in cases where quantifying loss presents a challenge in underlying

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll