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A convoy of claims

March 1, 2018, Global Competition Review

Elaine Whiteford is quoted in a Global Competition Review article regarding the third-ever class certification action in the UK. Although the first cases to test the class certification mechanism occurred in 2017, none achieved certification. Commenting on the two cases that came before the Road Haulage Association case, Whiteford says these cases show that the tribunal will take a “rigorous” approach to the structure of the decision, and give the RHA “precise” guidance on what will be required. She adds that a stumbling block for Merricks was that the claim covered so many different sectors of the economy – “essentially consumers.” Even if the RHA needs subclasses, for example to cover different ways of purchasing and different practices in different sectors, road haulage and the purchase of trucks by haulers is much “narrower and less diverse” than the Merricks case, Whiteford says.

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