By ruling of 31 March 2022,^[1] the CAT refused to grant certification to either one of two competing proposed collective claims relating to the forex cartel.^[2] Both O’Higgins and Evans had applied for an opt-out collective proceedings order (CPO), seeking to combine follow-on claims for damages arising from the said cartel. The CAT assessed whether the level of generality or abstraction contained in the proposed claims were sufficient to amount to “reasonable grounds for making the claim”^[3], and concluded that the CAT had “no doubt this test is not met and the both Applications could be struck out (…)”. Both applicants may, however, submit revised applications for certification.

1. Competition Appeal Tribunal 31 March 2022, [2022] CAT 16, Case Nos: 1329/7/7/19 and 1336/7/7/19.[↩]
2. European Commission decisions of 16 May 2019, Cases AT.40135 (Three Way Banana Split) and AT.40135 (Essex Express).[↩]
3. Within the meaning of rule 41(1)(b) of the Tribunal Rules.[↩]