Imagining alternate realities: The future of collective proceedings in the UK

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The UK Supreme Court’s leading judgment in Merricks provides guidance on the relevant standard for assessing proposed collective proceedings at the certification stage. However, given the nature of that case, there remains uncertainty as to how this guidance will be applied to cases with different characteristics. With certification hearings scheduled in several cases over the coming months, we explore the lessons that could be drawn from Merricks, and the challenges that the Competition Appeal Tribunal may face in seeking to apply these lessons.