Collective Actions & Competition Law

Introduction

The collective action regime has become a significant feature of competition law in both the EU and UK in recent years. This private enforcement of competition law has gained in importance with an evolving and varied case law. This concerns cases on the EU Damages Directive and the European Court judgments interpreting it. In the UK, this covers the UK Collective Proceedings regime (CPO) and the Competition Appeals Tribunal (CAT) and higher court judgments interpreting it.

After this session, the viewer will be up to date on the law and recent cases and judgements relevant to the collective actions in competition law in the EU and UK. Recent cases include:

• UK cases: Le Patourel v BT Group PLC [2024]CAT; PACCAR judgment [2023]UKSC; Gormsen v Meta Platforms [2024] CAT
• EU cases: Case C-253/23 | ASG 2 [CJEU Jan 2025]; Case -425/22 MOL & Mercedes Benz Group [CJEU July 2024]; C-605/21 Heureka Group (CJEU April 2024]

This session is suitable for anyone advising on competition law compliance risks regarding collective competition law damages claims. It is also suitable for anyone involved in competition litigation against or on behalf of a class of claimants.

What You Will Learn

This live and interactive course will cover the following:

• Updates on EU and UK collective actions regime: The legal framework applying to collective actions and how it has been interpreted by the courts
• Updates from recent case law on a variety of issues
• UK case law on certification applications: PCRs and certifications including the Meta case and CICC case (Mastercard and Visa)
• UK case law on status of funding litigation agreements (LFAs): Status of litigation funding in the UK since the Supreme Court’s decision in PACCAR
• First substantive judgment in the UK collective proceedings regime: Le Patourel v BT Group PLC [2024]CAT and pending cases in 2025
• EU case law Concept of economic unit in damages actions: The Court of Justice of the European Union (CJEU) judgment in Case -425/22 MOL & Mercedes Benz Group [CJEU July 2024] and venue for actions
• Statute of limitations: Follow on actions, the CJEU ruled on conditions for statute of limitation in damages claim lodged against Google by comparison shopping service provider Heureka [CJEU April 2024]
• Assigning rights to third parties for joint enforcement: Court of Justice and victims’ rights to assign claims for damages - Case C-253/23 ASG 2 [CJEU Jan 2025]
• Digital Markets and collective action: Private actions from EU DMA violations and UK digital markets regime
• Practical guidance on risks and issues to consider in collective actions in competition law cases

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.