Class Action Risks Outside the United States

Companies operating in the US are typically well aware of its established class action system and the risks that flow from it. But what, if any, class action risk exists for companies operating outside the US? We’ll explore the answer—with a focus on class action risk in the UK and Europe—by:

• Reviewing where legislators are implementing class action initiatives outside the US, which have piqued the interest of plaintiffs firms and third-party funders across the UK and Europe;
• Discussing the new Representative Actions Directive (RAD) which all 27 European Union member states are required to implement into their respective national laws before the end of 2022, and exploring how the minimum standards set forth in the RAD still leave room for a variety of differences between member states; and
• Exploring how courts in England & Wales are dealing with class action cases under the UK’s 2015 collective action regime by reference to the recent widely-reported UK Supreme Court’s decision in Merricks v Mastercard and its implication on the certification stage of collective proceedings and post-certification trends and developments. Freshfields will bring unique insight to this discussion as a result of its representation of Mastercard in the Merricks litigation, as well as its representation of a number of other companies in class actions pending before the UK Competition Appeal Tribunal.