Opting out of opting in: what is the future of opt-in CPOs in the CAT following Ennis?

On 18 October 2024, the Competition Appeal Tribunal (CAT) handed down its collective proceedings order (CPO) certification judgment in Ennis v Apple Inc and others, in doing so ordering they should proceed on an “opt-out” (rather than “opt-in”) basis. This article, originally published in Thomson Reuters Practical Law, considers the approach taken by the CAT to the choice between opt-in and opt-out CPOs and, given the scarcity of the opt-in approach, what the future of opt-in CPOs might be.