Maturing UK Competition Appeal Tribunal Collective Proceedings Process Sees Uptick in Cases

By: Oliver Heinisch (Sheppard Mullin)

The United Kingdom continues to be a key European jurisdiction for competition damages actions, even in the post-Brexit era. Notably, the number of collective proceedings for competition damages has significantly increased. This trend is particularly evident in stand-alone claims, which do not rely on an infringement finding by a competition regulator. Currently, nearly fifty pending collective proceedings are listed on the Competition Appeal Tribunal’s (CAT) website. These cases involve both infringements of anticompetitive agreements and abuse of dominance prohibitions, spanning various industry sectors, including digital, consumer electronics, utilities, and financial services.

The resulting increase in cases being certified by the Competition Appeal Tribunal is leading to a growing body of precedents regarding the conditions for certification. Among other requirements, claims must demonstrate common issues, be suitable, and the claim form must provide a blueprint to trial before the collective damages action can proceed to a full trial…

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