Google: Big tech companies now the main target of claims
There were more than 750m members of class actions in the Competition Appeal Tribunal (CAT) by the end of last year, 80m more than a year earlier, new research has found.
The cumulative value of UK class actions was over £151bn, up almost £17bn on 2024, with actions against big tech companies leading the way.
City law firm CMS said the value of opt-out actions was greater than opt-in, at £85.6bn compared to £65.6bn. In previous years, opt-in actions have been the majority.
The number of members of class actions in the UK has risen steadily from over 560m in 2023 to over 671m in 2024 (a figure revised up from that originally reported) and 752m last year.
The largest category of claim was against big tech companies, followed by the natural resources and energy, financial products and automotive sectors.
For the first time, CMS said, big tech defendants have become the most exposed sector, with the total quantum of claims against them exceeding even the stated value of the Mariana Dam litigation by around £8bn.
“We expect that this sector will continue to be targeted, and this could, in turn, force the creation of new categories of claim, such as for social media addiction, and in relation to AI…
“The consistent low quantum of claims against defendants in some of the other sectors could be explained by those sectors’ relative lack of exposure to theories of harm that can be litigated in the CAT on an opt-out basis.”
The European Class Action Report 2026 that the number of claims issued in the UK, after dipping in 2024 to 33 from 39, had recovered to 38.
“The UK remains one of the highest, if not the highest, risk jurisdictions in Europe. This is for a number of reasons, including a well-developed claimant bar, many of whom have close relationships with US plaintiff firms or are UK offices of US firms, broad rules on disclosure, a sophisticated litigation funding market and procedural mechanisms that facilitate class actions.”
The UK accounted for 36% of the class actions in Europe last year, more than twice the proportion of its nearest rival, Portugal. Italy was next, with 12%, followed by Austria and the Netherlands.
Across the UK and Europe, competition claims were still “by far the most common” type of claim.
“There is a clear increase in the number of new product liability/personal injury claims, and a continued long-term decline of Covid-19 claims.”
Kenny Henderson, partner at CMS, commented: “More than €200bn of opt-out class actions have now been filed across Europe’s highest-risk jurisdictions. That figure would have been unthinkable just a few years ago, yet it underlines how quickly collective litigation has become a major source of risk for businesses.
“A single event, product or business practice can now give rise to claims in multiple countries at once. For large corporates operating in Europe, class actions are no longer a developing trend to monitor. They are an established and increasingly interconnected litigation risk.
“The key question is no longer whether class actions can be brought, but whether they are working as intended. Courts and policymakers are grappling with issues such as litigation funding, certification and consumer redress, while seeking to ensure that collective proceedings deliver meaningful benefits to those they represent.
“The answers to those questions will define the next chapter of the European class action landscape.”
Last year’s CMS report led to accusations by claimant lawyers that it was doing the dirty work of the US Chamber of Commerce, which has long campaigned in the UK for pro-business civil justice reform.
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