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The Civil Procedure Rules at 20$
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Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 October 2021

Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal—A Successful Compromise?

Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal—A Successful Compromise?

Chapter:
(p.107) 10 Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal—A Successful Compromise?
Source:
The Civil Procedure Rules at 20
Author(s):

Stephen Wisking

Ruth Allen

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198863182.003.0010

This chapter considers the UK collective proceedings regime for damages claims in respect of competition law breaches, which was first introduced in 2003 and significantly broadened in 2015. The regime aims to balance a desire to facilitate redress for victims of competition law infringements against the risk of frivolous or unmeritorious litigation (and the perceived excesses of the US class action system). By reference to the approach taken in the collective claims brought before the Competition Appeal Tribunal (CAT), this chapter examines how that balance has been struck in practice, and whether it can be said to be a successful compromise.

Keywords:   class actions, competition law, certification criteria, aggregate damages, deterrence, compensation, representative action

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