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ARTICLE · 17 DECEMBER 2019

Class Actions Tested In UK In Foreign Exchange Rigging Suit

Cleary Gottlieb Steen & Hamilton LLP
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The plaintiffs include U.K.-based pension funds, asset managers, and corporations.

United KingdomLitigation, Mediation & Arbitration

On November 5, 2019, the British Competition Appeals Tribunal held its first hearing for a consumer antitrust suit that will serve as a "test case" for American-style class action suits in the United Kingdom. Investors brought the collective action suit against banks including JPMorgan, Citibank, and Barclays, claiming that the banks unlawfully manipulated the foreign exchange market between 2007 and 2013 in violation of European competition laws. The plaintiffs include U.K.-based pension funds, asset managers, and corporations.57

In 2015, the United Kingdom passed the Consumer Rights Act, a law that introduced the possibility of initiating "opt-out" collective action suits for breaches of British or European Union competition law. The "opt-out" collective action would automatically bind U.K.-based members of a deffined group to the result of a legal action, and thus allow them to claim from the pool of damages unless they opt-out, much like in an American-style

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