With the marked increase in group litigation and rapid development of the litigation funding industry, the Competition Appeal Tribunal is consistently seeing novel claims. New theories of dominance are appearing, with what actually constitutes a dominant position widening. And the type of claim presented to the tribunal is expanding, with an increasing number of ESG claims filed.

As the only court in the jurisdiction to allow for opt-out group litigation, the CAT is the only means by which North American style class actions can be brought. Supporters of the expansion of the CAT’s domain and these new claims see it as a necessary means of consumer redress. The system is seen as one that provides access to justice for consumers, and a way of holding major corporates to account. Continue reading “Access to justice: Spurious claims under the spotlight – best intentions or base motives?”