In a break with the previous practice of the Competition Appeal Tribunal (“CAT”), the President of the CAT has recently decided that the resolution of a ‘carriage’ dispute (i.e., the question of which proposed class representative (“PCR”), where there is more than one, should have conduct of the proceedings) should generally be decided by way of a preliminary issue, before the certification hearing (the “Judgment”). As we discuss further below, this decision is likely to be followed in subsequent cases and may streamline the process of commencing and certifying a class action where there are multiple PCRs vying with each other to take carriage of the dispute – to the potential benefit of both PCRs and defendants.
June 12, 2023
