Top Court MasterCard Ruling Lowers Bar For UK Class Suits

Law360 (January 7, 2021, 3:48 PM EST) -- Widely seen as a litmus test for the nascent competition class action regime in England and Wales, on Dec. 11, 2020, the U.K. Supreme Court issued its hotly anticipated judgment dismissing MasterCard Inc.'s appeal in the collective action brought by Walter Merricks.

In doing so, the Supreme Court has given clear guidance on the test to be applied at the certification stage for collective actions, and has markedly lowered the bar. This judgment will likely have a significant impact on collective actions in England and Wales — which are still in their relative infancy — for years to come.

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