Monckton barristers head to the Competition Appeal Tribunal for day 1 of the first opt out competition class action to reach trial

29 Jan 2024

Today six Monckton barristers representing various parties head to the CAT for the first day of the first opt out competition trial. The claim, which is brought on behalf of over 3 million BT customers, alleges that BT charged excessive prices in relation to “standalone” fixed voice services (covering line rental and calls), and that this constituted an abuse of a dominant position contrary to section 18 of the Competition Act 1998.

This case is the very first opt-out competition law class action to reach trial since the introduction of the new regime for such claims under the Consumer Rights Act 2015. As such it will be highly significant for the development of the collective proceedings’ regime in the UK. The Tribunal is set to address a range of important and novel issues in the competition sphere, including the use of behavioural economics in competition law claims, and the proper approach to the quantification of aggregate damages for an opt-out consumer class.

Ronit Kreisberger KC, Michael Armitage and Jack Williams are instructed by Mishcon De Reya on behalf of the Class Representative, Justin Le Patourel.

Daniel Beard KC, Daisy Mackersie and Natalie Nguyen are instructed by Simmons and Simmons LLP for the Defendant, BT.