Jurisdiction(s):
United Kingdom

CAT grants Sony permission to appeal on whether amended LFAs avoid DBA regime post-PACCAR in PlayStation consumer collective proceedings

Published on: 08 January 2024

Published by a Law360 reporter

Legal News

Article summary

The Competition Appeal Tribunal has allowed the entertainment giant to seek Court of Appeal review of its ruling permitting a consumer advocate to pursue a collective claim. The challenge will contest the tribunal’s finding that a revised funding structure for the case did not amount to a banned damages-based arrangement. While the tribunal considered Sony had no realistic prospect of overturning that conclusion, it held that clarifying the legality of agreements altered to sidestep the prohibition was a compelling basis to refer the issue to the appellate court. ‘This is creating uncertainty and draining the tribunal’s and the parties’ resources, and that is unlikely to end until the Court of Appeal has reached a definitive determination on these matters,’ the tribunal stated. It sent the question to secure certainty over the lawfulness of amended agreements...

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