Economic Evidence in Recent Competition Class Actions in the UK

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The United Kingdom Supreme Court’s landmark W.H. Merricks v Mastercard International judgment has clarified several important issues related to claimants’ class certification. The low bar for such certification has implications for expert economic evidence in future competition Collective Proceedings Order matters.

In this chapter, authors Liam Colley, Vikram Kumar, Sinan Corus, and Kaushik Krishnan provide an overview of four UK lawsuits that sought class certification subsequent to the Merricks decision. The analysis shows that the Competition Appeal Tribunal has found that a class may be certified even if some proposed class members would have suffered no loss at all, that experts are entitled to submit provisional methodologies, that there is no need to identify counterfactuals in specific detail, and that precise estimates of loss or damages are not required at the certification stage.