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.

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Key contacts

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Alan Watts

Partner, Head of Class Actions, UK and EMEA, London

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Maura McIntosh

Knowledge Counsel, London

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Tracey Lattimer

Knowledge Lawyer, London