The Competition Appeal Tribunal: Navigating the Stormy Seas of Class Actions
June 20, 2025, 5:31 am
Location: United Kingdom, England, City of London
Employees: 5001-10000
Founded date: 1838
The Competition Appeal Tribunal (CAT) is in a tempest. Once a streamlined vessel, it now finds itself caught in turbulent waters. The flood of cases has turned the CAT into the busiest courtroom in the City. Backlogs are piling up like ships in a harbor, and organizational issues are creating waves of uncertainty.
Ten years ago, the ‘opt-out’ regime for competition law was born. It started slowly, but soon, the floodgates opened. Claimant law firms and their funders rushed in, eager to target major tech companies. Class actions worth millions became the norm. The Tribunal, known for its low bar in certifying cases, became a magnet for these claims.
However, the initial excitement has morphed into a daunting challenge. The CAT has only delivered one class action trial judgment since the regime's inception. As new cases flood in, the Tribunal's workload has ballooned. Processing times have stretched, and scrutiny is mounting. The pressure is palpable.
Leadership changes have added to the drama. The former president, Mr. Justice Marcus Smith, faced criticism for his case management style. His ‘overly innovative’ approach raised eyebrows. Behind the scenes, personal controversies further complicated matters. After a scandal involving inappropriate correspondence, he stepped down.
Enter Mrs. Justice Kelyn Bacon. Her arrival sparked hope for a fresh start. She has already shown a willingness to be decisive, dismissing a class action against tech giants Apple and Amazon due to an unsuitable class representative. This move signals a shift in priorities. The CAT needs to regain trust and efficiency.
The litigation funding industry, however, is navigating its own storm. In 2023, the Supreme Court ruled against litigation funders in a pivotal case. This decision sent shockwaves through the sector, raising questions about financial arrangements. The uncertainty has led to a lobbying effort aimed at both the Conservative and Labour governments.
The Litigation Funding Bill, once a beacon of hope, now sits on the back burner. The recent report by the Civil Justice Council calls for a ‘light-touch’ regulatory framework for third-party funding. But the future remains unclear.
Meanwhile, the Walter Merricks versus Mastercard case, which dragged on for a decade, settled for £200 million. Initially valued at £10 billion, the settlement surprised many, including the litigation funders. This unexpected turn led to further disputes over damages.
The CAT is at a crossroads. The caseload is set to increase with the introduction of the Digital Markets, Competition and Consumers Act 2024. This new legislation allows claims for damages related to breaches of the digital markets regime. The implications are significant.
As the CAT grapples with its growing workload, funders are hitting the brakes. Many are pausing investments, waiting to see how current cases unfold. The appetite for risk is waning. The future of collective actions hangs in the balance.
The CAT's challenges are not just procedural. They reflect broader issues within the legal landscape. The interplay between competition law and other areas, such as consumer law and data privacy, is becoming increasingly complex. The Tribunal must navigate these murky waters carefully.
Mrs. Justice Bacon's leadership will be crucial. She must steer the CAT through this transformative period. The eyes of the legal community are upon her. Will she be the captain who guides the Tribunal to calmer seas, or will the storm continue to rage?
The CAT's journey is emblematic of the broader struggles within the legal system. As the landscape evolves, so too must the institutions that govern it. The Tribunal's ability to adapt will determine its future.
In the coming months, the CAT will face its toughest test yet. The scrutiny will intensify as more class actions reach trial. The stakes are high. Trust in the Tribunal hangs in the balance.
The CAT is at a pivotal moment. It must address its internal challenges while responding to external pressures. The legal community is watching closely. The outcome will shape the future of competition law in the UK.
In conclusion, the Competition Appeal Tribunal stands at a crossroads. The challenges it faces are significant, but so are the opportunities. With new leadership and a commitment to reform, the CAT can navigate these turbulent waters. The future is uncertain, but one thing is clear: the Tribunal must adapt or risk being left behind. The legal landscape is changing, and the CAT must change with it.
Ten years ago, the ‘opt-out’ regime for competition law was born. It started slowly, but soon, the floodgates opened. Claimant law firms and their funders rushed in, eager to target major tech companies. Class actions worth millions became the norm. The Tribunal, known for its low bar in certifying cases, became a magnet for these claims.
However, the initial excitement has morphed into a daunting challenge. The CAT has only delivered one class action trial judgment since the regime's inception. As new cases flood in, the Tribunal's workload has ballooned. Processing times have stretched, and scrutiny is mounting. The pressure is palpable.
Leadership changes have added to the drama. The former president, Mr. Justice Marcus Smith, faced criticism for his case management style. His ‘overly innovative’ approach raised eyebrows. Behind the scenes, personal controversies further complicated matters. After a scandal involving inappropriate correspondence, he stepped down.
Enter Mrs. Justice Kelyn Bacon. Her arrival sparked hope for a fresh start. She has already shown a willingness to be decisive, dismissing a class action against tech giants Apple and Amazon due to an unsuitable class representative. This move signals a shift in priorities. The CAT needs to regain trust and efficiency.
The litigation funding industry, however, is navigating its own storm. In 2023, the Supreme Court ruled against litigation funders in a pivotal case. This decision sent shockwaves through the sector, raising questions about financial arrangements. The uncertainty has led to a lobbying effort aimed at both the Conservative and Labour governments.
The Litigation Funding Bill, once a beacon of hope, now sits on the back burner. The recent report by the Civil Justice Council calls for a ‘light-touch’ regulatory framework for third-party funding. But the future remains unclear.
Meanwhile, the Walter Merricks versus Mastercard case, which dragged on for a decade, settled for £200 million. Initially valued at £10 billion, the settlement surprised many, including the litigation funders. This unexpected turn led to further disputes over damages.
The CAT is at a crossroads. The caseload is set to increase with the introduction of the Digital Markets, Competition and Consumers Act 2024. This new legislation allows claims for damages related to breaches of the digital markets regime. The implications are significant.
As the CAT grapples with its growing workload, funders are hitting the brakes. Many are pausing investments, waiting to see how current cases unfold. The appetite for risk is waning. The future of collective actions hangs in the balance.
The CAT's challenges are not just procedural. They reflect broader issues within the legal landscape. The interplay between competition law and other areas, such as consumer law and data privacy, is becoming increasingly complex. The Tribunal must navigate these murky waters carefully.
Mrs. Justice Bacon's leadership will be crucial. She must steer the CAT through this transformative period. The eyes of the legal community are upon her. Will she be the captain who guides the Tribunal to calmer seas, or will the storm continue to rage?
The CAT's journey is emblematic of the broader struggles within the legal system. As the landscape evolves, so too must the institutions that govern it. The Tribunal's ability to adapt will determine its future.
In the coming months, the CAT will face its toughest test yet. The scrutiny will intensify as more class actions reach trial. The stakes are high. Trust in the Tribunal hangs in the balance.
The CAT is at a pivotal moment. It must address its internal challenges while responding to external pressures. The legal community is watching closely. The outcome will shape the future of competition law in the UK.
In conclusion, the Competition Appeal Tribunal stands at a crossroads. The challenges it faces are significant, but so are the opportunities. With new leadership and a commitment to reform, the CAT can navigate these turbulent waters. The future is uncertain, but one thing is clear: the Tribunal must adapt or risk being left behind. The legal landscape is changing, and the CAT must change with it.