Last month, the UK’s Competition Appeal Tribunal (“CAT”) announced its long-awaited class certification judgment in Merricks v. MasterCard – the largest damages claim in UK history and the second case brought under the new collective proceedings system. Under the UK Consumer Rights Act 2015, private plaintiffs may bring collective proceedings similar to class actions available in the U.S., Canada and other countries. The CAT’s analysis and observations may deter some actions and encourage others as a major step in developing case law to guide courts and litigants in the future.
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