The government is consulting on a package of reforms to the opt-out collective proceedings (CPO) regime in the Competition Appeal Tribunal, as well as procedures for regulatory appeals and competition enforcement. This follows a call for evidence last year on the CPO regime. The key proposals for opt-out collective proceedings include:
- Amendments to the threshold for certification, which the government considers to be too low;
- Provisions relating to the funding of claims, including to allow damages-based agreements (which are currently prohibited for opt-out claims);
- Changes to the costs rules, including to require budgets from both parties following certification; and
- New powers to encourage or require mediation and a new regime for settlement offers with automatic costs consequences.
For more information see this post on our Competition Notes blog.
Key contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London
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