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Francesca Richmond

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The UK Supreme Court gave its judgment in Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) [UKSC 2019/0118] on 11 December 2020. It confirmed the decision made by the Court of Appeal that a representative applying for certification of a class must show that they have a method with a realistic prospect of assessing loss across the whole class and that the data required to apply that methodology is likely to be…

Join Baker McKenzie for a webinar on “Looking Ahead: Class Actions and Consumer Claims in 2021” to be held on Thursday, 14 January 2021 at 14:00 UK / 15:00 CET. The rapid expansion of class actions outside of the US has brought new risks for global multinationals and a renewed need to consider strategies when defending against claims across jurisdictions. A panel of international specialists from Baker McKenzie, along with our guest speaker, Andrew Hildreth, Senior Managing Director of Ankura,…

An updated (and reportedly final) text for Europe’s new collective redress regime has been adopted. The European Commission published the agreed text of the directive on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC here. In this article, we consider what is being proposed in this latest draft and what we can expect to happen next. Recap: What has happened so far? On 22 June 2020, the European…

Following the European Commission’s decision in February 2018 to fine shipping companies EUR 395 million, consumer rights champion Mark McLaren has launched a class action in the UK Competition Appeal Tribunal (the “Tribunal”).[1] The European Commission found that maritime car carriers fixed prices, rigged bids and allocated the market for roll-on, roll-off (“RoRo”) transport of vehicles. Estimated to be worth £150 million, the follow-on class action is brought on behalf of all persons who purchased…

On 4 March 2020, the UK Competition Appeal Tribunal (the “Tribunal”) handed down a significant judgment in the UK’s follow-on Trucks cartel litigation, in which it determined those parts of the European Commission (“Commission”) settlement decision that are binding in establishing liability.[1] The Tribunal also considered whether it can be an ‘abuse of process'[2] for defendants to contest facts previously admitted in their settlement with the Commission. Which parts of the Commission decision are binding?…