Topic: Class certification

CAT rules “weak” forex class action claims cannot proceed on an opt-out basis

Two competing class representatives seeking damages from members of the EU Forex cartel have said they will appeal against a UK Competition Appeal Tribunal judgment that rejected their proposed opt-out class actions in favour of a possible opt-in claim.

01 April 2022

Qualcomm questions motive for UK class action during certification fight

Qualcomm has queried whether a proposed €483 million class action against it is actually being pursued “for the benefit of the funders”, as it urged the UK’s Competition Appeal Tribunal not to certify the claim.

30 March 2022

UK class action defendants likely to challenge certification after it’s awarded, litigator warns

The certification of a class action is an “ongoing process” that can be revoked “at any time” after the UK’s Competition Appeal Tribunal has formally certified a collective claim, a UK competition lawyer has said.

25 March 2022

UK class representatives warn of “inordinate delays” to justice

The delays to collective actions in the UK’s Competition Appeal Tribunal can be “a matter of life and death”, one of the class representatives bringing those cases has said.

25 March 2022

BT challenges certification of opt-out excessive pricing claim

Telecoms company BT has told an appeals court in London that the UK’s Competition Appeal Tribunal was wrong to certify a class-action lawsuit against it on an opt-out basis because the class representative can contact practically all members of the class.

15 March 2022

A Q&A with Rachael Kent

UK-based academic Rachael Kent filed a class action claim against Apple in May 2021, seeking £1.5 billion in damages on behalf of an estimated 19.6 million consumers who allegedly overpaid for their applications due to the company’s apparently anticompetitive practices on its App Store. Kent spoke to GCR about why the claim was a no-brainer and why she was unwilling to wait for agencies to conclude their own investigations into Apple before launching the proposed class action.

04 March 2022

UK tribunal certifies fourth class action

The UK’s Competition Appeal Tribunal has certified the country’s fourth opt-out collective action, allowing a claim for up to £150 million to proceed against shipping companies found to have fixed prices for roll-on, roll-off vehicle transportation services.

21 February 2022

A Q&A with Justin Le Patourel

Justin Le Patourel’s damages claim against telecoms company BT became only the second class action to be certified by the UK’s Competition Appeal Tribunal in September 2021. Ahead of an appeal hearing scheduled for next month, Le Patourel spoke to GCR about the case, his experience of the UK’s class action regime, the importance of opt-out claims for especially vulnerable consumers and the creation of a network of UK-based class representatives.

18 February 2022

Canadian judge deems class action well-baked

A Toronto court has certified two classes of packaged bread purchasers that accuse Canada’s top food producers and retailers of participating in a 16-year price-fixing conspiracy – but stopped short of certifying any umbrella purchasers.

04 January 2022

Funding arrangements can have legal privilege, Apple claimant argues

A claimant seeking to bring an antitrust class action against Apple is refusing to reveal aspects of her litigation funding arrangements, protesting that such disclosure could give the defendant a “tactical advantage”.

14 December 2021

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