Keywords
UK Competition Law, EU Competition Law, class actions, collective, proceedings, certification stage, damages
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.
Recommended Citation
McMahon, K. (2019). Collective Proceedings for Damages in UK Competition Law Case Comment to the Judgment Merricks v Mastercard [2019] EWCA Civ 674. Yearbook of Antitrust and Regulatory Studies, 12(20), 245-258. https://doi.org/10.7172/1689-9024.YARS.2019.12.20.10
First Page
245
Last Page
258
Page Count
13
Received Date
09.06.2019
Accepted Date
09.07.2019
DOI
10.7172/1689-9024.YARS.2019.12.20.10
Publisher
University of Warsaw
Publication Date
2019-12-12
