‘On 11 December, in a long-awaited judgment (and in perhaps unique circumstances), the Supreme Court dismissed Mastercard’s appeal in the “gargantuan” collective action brought by Walter Merricks CBE. In doing so, the court has markedly lowered the bar to be applied at the certification stage for competition collective actions. This judgment will have a significant impact on collective actions – which are still in their relative infancy – for years to come. Merricks’ claim will now return to the Competition Appeal Tribunal (CAT), which will decide again (now with clear guidance from the Supreme Court) whether to certify the claim by granting a collective proceedings order (CPO).’
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Law Society's Gazette, 11th January 2021
Source: www.lawgazette.co.uk