Collective Proceedings for Damages in UK Competition Law
Collective Proceedings for Damages in UK Competition Law
Case Comment to the Judgment Merricks v Mastercard [2019] EWCA Civ 674
Author(s): Kathryn McMahonSubject(s): Economy, Law on Economics
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: UK Competition Law; EU Competition Law; class actions; collective Proceedings; certification stage;damages;
Summary/Abstract: Merricks v Mastercard [2019] is the first action under the newly developed ‘opt-out’ collective proceedings regime for aggregate damages under UK competition law to be considered by the UK Court of Appeal. It is significant for both the level of damages (£14 billion (€16 billion)) and the clarification of the legal test at the certification stage for the suitability for an aggregate award: the method for calculation of the aggregate damages and the sufficiency of evidence. The Court’s lowering of these thresholds importantly opens the door to future class actions and reasserts the importance of collective proceedings as a valuable means of redress for competition law infringements. The decision has now been appealed to the UK Supreme Court where these issues may be further clarified and resolved
Journal: Yearbook of Antitrust and Regulatory Studies (YARS)
- Issue Year: 12/2019
- Issue No: 20
- Page Range: 245-257
- Page Count: 13
- Language: English