Evolving Terrain of Class Actions

In the rapidly evolving landscape of class actions, particularly in Europe, White & Case stands as a class action hub, offering expertise in various areas such as Litigation, International Arbitration, Antitrust/Competition, and more.

Victoria Burton, Lawson Caisley, and Stephanie Stocker are among the firm's specialists, each bringing unique insights to the table. Burton focuses on Litigation, International Arbitration, Shareholder Activism, Technology, while Caisley handles Litigation, Data & Privacy, Cybersecurity, White Collar/Investigations, Financial Institutions, Consumer & Retail, and Sports. Stocker's expertise lies in Litigation, International Arbitration, Enforcement of Arbitral Awards & Judgments, and Energy. Euan Burrows, another White & Case expert, specializes in Antitrust/Competition. Charles Balmain, rounding out the team, is an expert in International Arbitration, Litigation, Antitrust/Competition, Financial Restructuring and Insolvency, Sovereigns, and Enforcement of Arbitral Awards & Judgments.

Recent key decisions in the UK class action landscape highlight the establishment and maturation of the opt-out collective proceedings regime. In May 2025, the Competition Appeal Tribunal (CAT) approved the largest UK collective proceedings settlement to date in Merricks v. Mastercard, a £200 million opt-out class action. This judgment provided important guidance on settlement terms and damages distribution in opt-out class actions.

In July 2025, the CAT certified a £1.3 billion collective action against Amazon over its “Buy Box” pricing algorithm, permitting approximately 49.4 million UK consumers to participate automatically unless they opt out. This certification moves the case forward, reinforcing the opt-out regime’s role in enabling large-scale consumer claims in competition law.

The UK Supreme Court is set to address crucial questions on whether collective proceedings should be opt-in or opt-out and the evidential effect of prior regulatory findings on the Tribunal in the significant Phillip Evans v Barclays Bank and others appeal. This ruling is expected to have broad consequences for the future accessibility and mechanics of UK collective redress.

Developing trends in 2025 include increased use of opt-out claims in major competition law disputes, signaling growing confidence in the mechanism. However, litigation funders may become more cautious following the Merricks experience, as the CAT scrutinizes funders’ returns to protect class members’ interests. This may lead to a “market correction” with fewer financing offers for new claims.

The government is reviewing the opt-out collective actions regime a decade after its introduction, signaling continued regulatory attention to this evolving legal field.

In summary, recent key UK class action decisions reinforce the opt-out collective proceedings regime’s importance in large-scale competition claims, establish standards for settlement approval, and stimulate debate about litigation funding and procedural fairness. The Supreme Court’s impending ruling will be critical in confirming the regime’s future shape and accessibility.

For a comprehensive summary of current class action cases, please refer to the document "Class Actions: The evolving landscape" (PDF). It's worth noting that various collective action mechanisms in the English courts are being tested regularly, and the EU Directive on "Representative actions for the protection of the collective interests of consumers" has contributed to increased class action activity. White & Case offers services in multiple service areas, including Litigation, Antitrust/Competition, and International Arbitration.

Lastly, it's important to mention that the Competition Appeal Tribunal in the UK is handling more class action proceedings than ever before, with Raif Hassan being another White & Case expert contributing to the firm's success in this area.

White & Case, a class action hub, offers expertise in various areas, including Litigation, International Arbitration, Antitrust/Competition, and more.
Victoria Burton, a partner at White & Case, focuses on Litigation, International Arbitration, Shareholder Activism, Technology, among other fields.
Lawson Caisley, another partner at the firm, handles Litigation, Data & Privacy, Cybersecurity, White Collar/Investigations, Financial Institutions, Consumer & Retail, and Sports.
Stephanie Stocker, a White & Case specialist, offers insights in Litigation, International Arbitration, Enforcement of Arbitral Awards & Judgments, and Energy.
Euan Burrows is an expert in Antitrust/Competition at White & Case, contributing to the firm's success in this area.
Charles Balmain, a White & Case partner, is an expert in International Arbitration, Litigation, Antitrust/Competition, Financial Restructuring and Insolvency, Sovereigns, and Enforcement of Arbitral Awards & Judgments.
Recent key decisions in the UK class action landscape, such as Merricks v Mastercard and Phillip Evans v Barclays Bank, have shown the importance of the opt-out collective proceedings regime in large-scale competition claims.
The UK government is reviewing the opt-out collective actions regime, indicating continued regulatory attention to this evolving legal field.
The Competition Appeal Tribunal in the UK is handling more class action proceedings than ever before, with Raif Hassan being another White & Case expert contributing to the firm's success in this area. White & Case offers services in multiple service areas, including Litigation, Antitrust/Competition, and International Arbitration.