Trailblazing trials and tribulations: are UK competition class actions leading the way?

A wave of competition class actions has been certified to proceed to trial in the UK in recent years, fuelled by a very low bar to certification, increased availability of litigation funding, broad disclosure rules and the willingness of the UK Competition Appeal Tribunal (CAT) to engage in detailed consideration of complex legal tests and economic analysis. Join us as we examine the latest developments in this area, including:

- Riefa v Apple: the first outright refusal of certification by the CAT since Merricks v Mastercard and the first refusal of certification on the grounds of unsuitability of the proposed class representative

- Le Patourel v BT: the first substantive judgment in an opt-out competition class action - including the CAT's approach to excessive pricing as an abuse of dominance, and practical insights from BT's legal team

- Key themes emerging from settlement agreements approved by the CAT

- The CAT's approach to scrutinising funding arrangements at the certification stage

We will focus on the practical implications for future cases and the development of the UK regime going forward, and address critical questions relating to the effectiveness and balance of the certification process.