Mastercard v Merricks—Henry Warwick QC & Jack Castle report on an important year for collective proceedings & representative actions
- In December 2020, the Supreme Court clarified the approach for assessing suitability for collective competition proceedings.
- The approach may encourage wider use of such procedures in cases where the quantification of loss presents a challenge in underlying individual claims.
In Mastercard v Merricks [2020] UKSC 51, [2020] All ER (D) 67 (Dec), the Supreme Court has clarified the requirements for certification of collective proceedings in competition cases. This is a significant decision, likely to be relied upon by claimants seeking to recover follow-on damages for competition law infringements where difficult questions arise as to the quantification of loss and proposals for the distribution of any award of damages to the certified class.
But the careful analysis of the common law as to quantification of loss, and the principled approach of the majority of the court to assessing suitability for collective proceedings, may encourage wider use of collective action procedures
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