Mass claims in competition law - a UK perspective
Sir Peter Roth1The first attempt by the United Kingdom to introduce a provision for collective actions for competition claims was a failure.
In 2002, the UK competition legislation was amended to enable a designated body to bring claims on behalf of a group of consumers before the Competition Appeal Tribunal (the CAT). However, this measure had two significant limitations. First, such a "consumer claim" could be brought only after a decision by a competition authority (or specialist regulator) finding a violation: stand-alone collective proceedings, in the absence of a prior infringement decision, were not permitted. Secondly, and more seriously, the legislation allowed only opt-in proceedings: each individual consumer had to sign up and agree to take part in the litigation. The Consumers' Association was a designated body under the statute, and after the UK competition authority had found that various sports retailers had combined to fix the prices of replica England and ...
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