Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

Akin Gump shares it key takeaways from the landmark Merricks v Mastercard judgment, noting that the Competition Appeal Tribunal initially raised concerns during the hearing over a unilateral termination clause in favour of the funder and the funding difficulties that it could cause the class mid-proceedings before ultimately concluding that an addendum requiring that the funder’s view to terminate be based on independent legal and expert advice sufficiently addressed those concerns. Read more.