(Editor’s note – Revised at 6:26 p.m. MST to include link to the decision. See below)
As reported by Jane Croft and Pilita Clark at the Financial Times and Eric Larson at Bloomberg, the Court of Appeal of England and Wales ruled yesterday that an antitrust suit filed by two shipping businesses against British Airways may not go forward as a collective action on a representative basis. Based on the description of the ruling in the media reports, the decision seems to reaffirm the conventional wisdom that opt-out representative actions are not viable in the UK under existing procedure and that new legislation will be necessary before US-style class actions come to the UK.
Here is a link to the text of the decision, courtesy of BAILII.org
The law firm Ashurst LLP also has a summary of the decision and related commentary available for download at its website:
Check back in a few days for more commentary on this decision…