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UK MasterCard Ruling Won't Doom Young Class Regime

July 26, 2017, Global Competition Review

Elaine Whiteford is quoted in a Global Competition Review article regarding the UK Competition Appeal Tribunal's decision to block a £14bn class action lawsuit against MasterCard from proceeding. "Some people possibly thought when the jurisdiction was introduced that the CAT would want to encourage lots of claims in early years and would want to get a bit more restrictive once jurisdiction was a bit more established,” says Whiteford. “That has not been the approach the tribunal has taken.” She adds, “[The CAT] does want to scrutinize these cases carefully. It is conscious it can impose a significant burden on defendants if it wrongly certifies a class.”

According to Whiteford, the lesson is that claimants will have to do much more work before even filing a claim in order to support a request for a collective proceedings order. “You have to have a very clear idea of what you're going to do all the way, and what data you're going to use to prove what you need to prove or calculate what you're going to have to calculate,” Whiteford says. "The CAT doesn't seem to like the idea of, ‘Well, this is how we think it's going to be, and this is what we think we'll probably do.’”


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