United Kingdom Judgment

Mark McLaren Class Representative Limited v MOL (Europe Africa) Ltd and Others [2025] CAT 24 (17 April 2025)

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Professional case brief

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Source document

01

Holding and result

The Tribunal held that the claims met the requirements for certification as collective proceedings, finding sufficient commonality of issues and that collective resolution was appropriate.

Court disposition

Application for collective proceedings certified

Orders

  • The claims are certified as collective proceedings under Section 47B of the Competition Act 1998

02

Material facts

Parties

Mark McLaren Class Representative Limited

Applicant

MOL (Europe Africa) Ltd and Others

Respondent

03

Procedural history

  1. Posture

    Competition Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that the claims are suitable for collective proceedings as they arise from the same alleged cartel conduct and share common issues of law and fact.
Respondent
The respondents contended that the claims are not suitable for collective proceedings due to differences among class members and the complexity of individual issues.

05

Court’s reasoning

  1. 01

    Competition Act 1998, Section 47B

    Certification of collective proceedings requires common issues and suitability for collective resolution.

  2. 02

    Competition Appeal Tribunal Rules

    The Tribunal must assess whether collective proceedings are an appropriate means for the fair and efficient resolution of the common issues.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal held that the claims met the requirements for certification as collective proceedings, finding sufficient commonality of issues and that collective resolution was appropriate.

Court disposition

Application for collective proceedings certified

  • The claims are certified as collective proceedings under Section 47B of the Competition Act 1998

Source and reliance status

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Source document

Court record

Judgment

[2025] CAT 24

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Competition Act 1998, Section 47B

Legislation

Legislation referenced in the available case record.

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