The Competition Collective Actions Forum 2023

Registration
08:45

Chairperson’s Welcome
09:15

Keynote Presentation from the CAT: The Competition Collective Action Landscape
09:25

Highlighting Key Collective Decisions and Procedural Innovations Over the Last Year
10:00

• Assessing the UK’s Competition Collective Action Regime and where further development are expected and needed
• An overview of the cases before the CAT and their focus: follow-on vs stand-alone / cartel vs dominance
• Interplay between collective actions and individual direct actions and how the courts will manage it
• Other procedural innovations

Panel Session: Identifying Recent Developments in Litigation Funding and Potential Future Direction
10:35

• What should Litigation Funding Agreements look like and how much insurance is enough
• Funding regulatory developments
• When is the appropriate time for carriage risk decisions to be made
• Setting up of SPVs
• Anti-avoidance exemption clause

Networking & Refreshment Break
11:20

Panel Session: Examining Claimant and Defendant Perspectives on Certification and Strike Out
11:40

• Examining authorisation and eligibility conditions in UK collective claim certification
• Conditions for class certification 
• Lessons learned in resisting certification
• Key learnings on strategy from the defendant perspective
• Strategic lessons learned in structuring class actions
• Lessons learned from CAT certification to date

Panel Session: What Constitutes Best Practice for Defendant PR, Class Communication and Administration
12:35

• Issues at certification, settlement, Judgement and throughout proceedings
• Where to publicise UK or overseas?
• Electronic or print media
• What’s the message
• Related tribunal regulation

Networking & Lunch Break
13:20

Panel Session: Post Certification Case Management to Trial and Settlement - What May Lie Ahead?
14:20

• Issues around evidence, aggregate damages, scope for divergence in approach
• Which class members should provide evidence
• Best practice for preparing on claimant and defendant side
• Distribution following judgement and settlement
• The Collective Settlement Regime

Panel Session: Enhancing Claim Valuation and the Instruction and Role of Experts
15:05

• Access to evidence
• Role of experts in pre and post certification
• Calculating damages in cross-border cases
• Pass-on and volume effect and the impact on claim valuation

Networking & Refreshment Break
15:50

Panel Session: Contrasting Current European Collective Regimes and Potential for Cross Border Actions
16:10

• The future of cross border / EU wide class actions 
• Multi-Jurisdictional issues – where to litigate in Europe?
• Collective redress - cross-border challenges and opportunities
• The European Representative Action Directive – implementation and developments in key jurisdictions

Panel Session: Addressing the Interplay with Data Protection, ESG, Consumer Liability and Crypto
16:55

• More need for opt-out mechanisms
• Role of the CPR 19.6 representative action
• Corporate Sustainability Due Diligence Directive
• Environmental actions
• Data Protection claims
• Cryptocurrency

Chairperson’s Closing Remarks: Where Next for the Competition Collective Actions
17:30

Close of Conference
17.35

Drinks Reception
17:35