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The government is consulting on a package of reforms to the opt-out collective proceedings (CPO) regime in the Competition Appeal Tribunal, as well as procedures for regulatory appeals and competition enforcement. This follows a call for evidence last year on the CPO regime. The key proposals for opt-out collective proceedings include:
- Amendments to the threshold for certification, which the government considers to be too low;
- Provisions relating to the funding of claims, including to allow damages-based agreements (which are currently prohibited for opt-out claims);
- Changes to the costs rules, including to require budgets from both parties following certification; and
- New powers to encourage or require mediation and a new regime for settlement offers with automatic costs consequences.
For more information see this post on our Competition Notes blog.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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