Summary: focus on improving procedure and distribution of damages
1. Opt-out collective actions in the UK are assailed by challenges to their funding and questions about their legitimacy. The former are fuelled by the Supreme Court’s ruling in PACCAR and ongoing litigation; the latter from a long campaign by certain large business groups designed to show they are ‘anti-business’ and ‘anti-growth’, now reflected in the premises of the Government’s current ‘call for evidence’.
2. The premise of the Call for Evidence is the idea that the interests of business and consumers no longer balance, and if so, the Government should now re-balance them, to promote ‘economic growth’. The right premise, however, would have been to recall what competition law is for, and why it was considered necessary to facilitate its private enforcement.
Read the full article by Harcus Parker here.
Published on October 15, 2025 by CORLA