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Linklaters Calls for Tougher UK Test on Antitrust Class Actions

By  |  September 27, 2026
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Linklaters is urging the UK government to tighten the rules governing competition class actions, arguing that large-scale claims should proceed only when their expected financial benefits substantially outweigh the costs of pursuing them.

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    The law firm has called for a more explicit cost-benefit assessment as part of the UK’s antitrust collective-action framework, according to a Sept. 25 report by Law.com’s International Edition. Linklaters also said claims should face greater scrutiny where the alleged theory of harm has not previously been established, according to the publication.

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    The proposal comes as the UK reviews aspects of its competition-redress system amid debate over litigation costs, third-party funding and how much compensation ultimately reaches consumers.

    Related: Linklaters Expands UK Antitrust & Foreign Investment Practice

    Britain’s opt-out competition class-action regime has operated since 2015, allowing representatives to seek damages on behalf of groups of consumers or businesses before the Competition Appeal Tribunal. Claims can proceed only after the tribunal grants a collective proceedings order.

    Certification has become a central battleground. The UK Supreme Court’s 2020 ruling in Merricks v. Mastercard was widely viewed as establishing a relatively accessible route to certification. More recent decisions, however, have shown the tribunal scrutinizing the economics and proportionality of proposed cases more closely, according to a 2026 review of UK antitrust litigation published by Chambers and Partners.

    Source: Law.com