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Legal arbitrage in the Competition Appeal Tribunal: consumer claims as competition collective proceedings

R. J. O’Brien

Competition Law Journal2025https://doi.org/10.4337/clj.2025.01.04article
ABDC C
Weight
0.50

What the paper says

This article explores emerging trends within the UK’s collective proceedings regime, specifically the rise of quasi-consumer, quasi-follow-on, and perhaps soon, quasi-consumer-follow-on claims, before the Competition Appeal Tribunal. It investigates the incentives created by procedural advantages exclusive to competition law claims, encouraging claimants to frame consumer-related harms as breaches of competition law. This article analyses the overlaps and divergences between competition and consumer law, especially regarding the scope of the two regimes and their interpretations of fairness. The article also considers how quasi-consumer cases may relate to the concept of competition on the merits and breaches of the Chapter I prohibition of the Competition Act 1998.

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https://doi.org/https://doi.org/10.4337/clj.2025.01.04

Or copy a formatted citation

@article{r.2025,
  title        = {{Legal arbitrage in the Competition Appeal Tribunal: consumer claims as competition collective proceedings}},
  author       = {R. J. O’Brien},
  journal      = {Competition Law Journal},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.4337/clj.2025.01.04},
}

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Legal arbitrage in the Competition Appeal Tribunal: consumer claims as competition collective proceedings

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.