Collective Proceedings in Competition Cases

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Authors: Marcus Smith, Nico Leslie, Gillian Hughes, Rachael Mulheron
Cited by: 0

Abstract

Abstract This chapter examines the Anti-Trust Class Action Regime, introduced in the UK on 1 October 2015, which facilitates private actions for anti-competitive conduct in the Competition Appeal Tribunal (CAT). It outlines the regime’s sector-specific approach and the certification process required for collective proceedings to proceed. Key features of the regime include opt-in or opt-out class formation, aggregate damages, and the suspension of limitation periods for class members. The chapter also discusses the status of class members, who are regarded as represented non-parties, with the representative claimant assuming case management responsibilities. Finally, it concludes that the Anti-Trust Class Action Regime significantly shifts litigious rights from class members to the representative claimant, with profound implications for defendants' rights.

Fields of Study & Subjects

Dispute Resolution and Class Actions Legal Cases and Commentary Legal principles and applications

Publication details

Journal / source
Oxford University Press eBooks
Pages
539–552
Publication date
27 January 2026
Language
EN
Document type
Book chapter