The Beginning of the End? The UK Government Announces a Review of the Country’s Antitrust Class Action Regime

In this post for Steptoe’s ‘StepAhead’ blog, authors Ronan Scanlan & Yumiko Takahashi (Steptoe  ) discuss the UK Government’s decision to review its antitrust class action regime. The move comes as part of a broader pro-business shift aimed at making the UK more attractive for commerce following a period of perceived over-enforcement by the Competition and Markets Authority (CMA). Earlier changes included the dismissal of the CMA’s chair, a new “strategic steer” prioritizing growth, and multiple initiatives such as the “4 Ps” framework and a revised mergers charter designed to signal a friendlier regulatory environment.

Attention has now turned to the Competition Appeals Tribunal (CAT), which administers the UK’s class action system. To mark the regime’s tenth year, the Department for Business and Trade launched a 31-question consultation in August. The UK’s class action framework, introduced in 2015, initially faced hurdles due to restrictive certification standards, but following a Supreme Court judgment lowering those thresholds and the growth of litigation funding, case numbers have surged. Nearly 60 Collective Proceedings Orders (CPOs) have been filed, with more than 25 certified to date, though only a few have proceeded to trial.

The consultation asks whether the regime continues to balance consumer redress and deterrence with the need to avoid undue burdens on business. Key issues under review include eligibility rules for class representatives, the potential role of alternative dispute resolution, and—most notably—the influence of litigation funders. Policymakers have expressed concerns that funders are both driving the expansion of the system and absorbing large portions of settlement proceeds, leaving class members with limited compensation…

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