The number of collective actions filed at the Competition Appeal Tribunal (CAT) has significantly decreased to only three this year, primarily due to the "chilling effect" of the Supreme Court ruling in PACCAR on litigation funding.
A report by City law firm Stephenson Harwood argues that the PACCAR ruling has had a detrimental impact on collective actions, and calls for the CAT regime to be expanded to cover data privacy breaches, consumer protection violations, and other mass harms.
The CAT regime could deter up to £24.2bn in anti-competitive harm annually
This report comes as the Department for Business and Trade receives responses to its call for evidence on the CAT regime, and follows a recent claim against Apple over its App Store, which became the first collective action to win at trial.
Author's summary: PACCAR ruling affects collective actions.