Testing the Boundaries of Competition Law: The Expansion of the UK Collective Proceedings Regime

Abstract

The Consumer Rights Act 2015 has been in force for a decade, leading to numerous applications for collective proceedings orders in the Competition Appeal Tribunal (CAT) following the UK Supreme Court’s landmark ruling in Merricks v. Mastercard. Consequently, the CAT has become one of the UK’s busiest courts. Despite its infancy, the regime has quickly become a popular avenue for class actions, with claims spanning various industries and theories of harm. Yet, certain core aspects of the regime have surfaced only recently or remain unresolved. This article reflects on the development of the regime and considers whether it strikes the right balance between compensating consumers and ensuring that unmeritorious claims are identified at an early stage.