The Court of Appeal (Patten, Hamblen and Coulson LJJ) has allowed Walter Merricks’ appeal against the Competition Appeal Tribunal’s judgment refusing to grant a Collective Proceedings Order (‘CPO’). Mr Merricks seeks to represent a class of some 46 million people, in a claim worth some £14 billion.
The judgment addresses the legal test for an application for a CPO under the new regime for collective actions in competition cases. The Court of Appeal held:
Subject to Mastercard’s application for permission to appeal to the Supreme Court, Mr Merricks’ application for a CPO has been remitted to the CAT.
The judgment is here.
Marie Demetriou QC and Victoria Wakefield QC (instructed by Quinn Emanuel Urquhart & Sullivan LLP) appeared for Walter Merricks.
Mark Hoskins QC, Hugo Leith and Jon Lawrence (instructed by Freshfields Bruckhaus Deringer LLP) appeared for Mastercard.