CAT on a Hot Tin Roof

CAT on a Hot Tin Roof: The implications for group actions of the MasterCard decision

On 21 July, the Competition Appeal Tribunal (CAT) issued its decision dismissing an application for a collective proceedings order (“CPO”) in the MasterCard litigation (Walter Merricks v MasterCard Inc & ors [2017] CAT 16).

It is a decision whose significance goes beyond the fact that it is a further illustration of the difficulties of advancing opt-out class actions.  It remains the case that, despite nearly two years having elapsed since implementation of schedule 8 of the Consumer Rights Act 2015, no CPO has been made, nor is one likely to be made at any time soon.

Whilst the decision is subject to Mr Merricks’ right of appeal, this alerter by Noel Dilworth briefly considers the implications for the management of class actions.