BT Group Plc & Anor. v Justin le Patourel

BT Group Plc & Anor. v Justin le Patourel

The Court of Appeal held that the Competition Appeal Tribunal did not err in law in certifying the proceedings on an opt-out basis. The legislative scheme is neutral between opt-in and opt-out, and the Tribunal properly exercised its discretion by considering all relevant factors, including the practicality of opt-in, the likelihood of class members participating, funding realities, and the power to order distribution by account credit. The Tribunal's approach to the merits was correct, and there was no legal or policy presumption in favour of opt-in proceedings.

Parties
Appellant: BT Group PLC; Appellant: British Telecommunications PLC; Respondent: Justin Le Patourel
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Civil Appeal / Appeal From Competition Appeal Tribunal Decision on Collective Proceedings Order
Outcome
Appeal dismissed
Legal Topics
Collective Proceedings, Opt In/opt Out Mechanisms, Aggregate Damages, Abuse of Dominant Position
Competition Law Civil Procedure Collective Proceedings Opt In/opt Out Mechanisms Aggregate Damages Abuse of Dominant Position

Case Brief

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Parties

BT Group PLC

Appellant

British Telecommunications PLC

Appellant

Justin Le Patourel

Respondent

Procedural Posture

Civil Appeal / Appeal From Competition Appeal Tribunal Decision on Collective Proceedings Order

Legal Issues

  1. 1 Whether the Competition Appeal Tribunal erred in certifying collective proceedings on an opt-out basis rather than opt-in
  2. 2 Whether the Tribunal has power to order distribution of damages by account credit
  3. 3 The relevance of the merits of the claim to the opt-in/opt-out decision

Ratio Decidendi

The Court of Appeal held that the Competition Appeal Tribunal did not err in law in certifying the proceedings on an opt-out basis. The legislative scheme is neutral between opt-in and opt-out, and the Tribunal properly exercised its discretion by considering all relevant factors, including the practicality of opt-in, the likelihood of class members participating, funding realities, and the power to order distribution by account credit. The Tribunal's approach to the merits was correct, and there was no legal or policy presumption in favour of opt-in proceedings.

Court Disposition

Appeal dismissed