This website has been created to inform members of the public about a proposed opt-out collective claim being brought by Waterside Class Limited against various UK and Norwegian salmon producers in relation to alleged anti-competitive conduct in the farmed Atlantic salmon market.

The proposed claim is against six salmon producers incorporated in Norway and the UK, namely: Mowi ASA (and its subsidiary, Mowi Holding AS), SalMar ASA, Lerøy Seafood Group ASA, Grieg Seafood ASA and Scottish Sea Farms Limited. These companies, or proposed defendants, are all members of groups that are leading producers in the global farmed Atlantic salmon market, and major suppliers of farmed Atlantic salmon to UK retailers.

Waterside Class Limited has brought this claim to compensate consumers who it alleges have suffered a loss as a result of the proposed defendants unlawfully colluding to increase the price of farmed Atlantic salmon.

Waterside alleges that the proposed defendants illegally formed an association (also known as a “cartel”) to artificially inflate the price of farmed Atlantic salmon by up to 20%, and unlawfully colluded to achieve that outcome. This alleged misconduct resulted in consumers in the UK paying higher prices than they should have for farmed Atlantic salmon.

The allegations in this claim are also the subject of a regulatory investigation in the EU, a proposed claim in the UK by UK-based supermarket retailers, and class actions in both the US and Canada (in which settlements are understood to have been reached).

Waterside Class Limited has applied to the Competition Appeal Tribunal to act as the class representative on behalf of all consumers who are class members. If the Tribunal allows this, Waterside will bring the claim on your behalf.

Waterside is a company incorporated for the sole purpose of bringing this collective claim. Its only director – Anne Heal – retains total control over Waterside.

Ms Heal is based in the UK and has held a number of roles that demonstrate her advocacy for, and commitment to, consumers and citizens across a wide range of sectors. Her professional experience includes acting as Director of Regulatory Affairs for BT, where she personally led negotiations with Ofcom to secure the creation of Openreach. This created a market where consumers were put at the forefront, and they were able to enjoy a new and impressive range of choice in how they bought their telecommunications. Today, she advocates for consumers in a number of non-executive and lay roles, including at the Office of Rail and Road and the General Dental Council. She also previously chaired the Thames Water Customer Challenge Group.

Ms Heal is bringing the claim through Waterside rather than herself as an individual for administrative reasons. For example, conducting litigation as a company makes it easier to maintain accounts and monitor the flow of money.

Waterside, led by Ms Heal, would conduct the claim on behalf of all class members: instructing lawyers and economists, making strategic decisions, and considering any settlement offers that the proposed defendants may make. As class representative, Waterside would be responsible for communicating with class members and regularly updating them on the progress of the claim.

The Tribunal will decide whether to grant a collective proceedings order by considering if: (a) Waterside is a suitable class representative to bring the claim; and (b) the claim is eligible for inclusion in collective proceedings.

Ms Heal has established an advisory panel of experts to offer support and guidance to Waterside throughout the proceedings. The panel members have extensive relevant knowledge and experience in competition law, litigation and consumer rights challenges.

Simmons & Simmons are the lawyers providing legal advice and support to Waterside. Simmons & Simmons is a highly-respected law firm based in London with offices all over the world. It has significant experience in class action and group litigation cases, having acted on the first opt-out collective proceedings to go to trial in the UK.

The costs of bringing the claim are covered by funds provided by Erso Capital PCC Limited, a global commercial litigation funder.

The proposed claim is being funded by a cell of Erso Capital PCC Limited, a global commercial litigation funder. Waterside Class Limited has also secured insurance which will cover the salmon producers’ costs if the claims are unsuccessful. This means that members of the class will not need to pay any costs, even if the case does not succeed.

The proceedings were filed on 20 June 2024. For collective actions to proceed to trial, the Competition Appeal Tribunal must first make a collective proceedings order, which authorises an individual or company (in this case, Waterside Class Limited) to act as a representative of the whole class, and certifies the proposed claim as eligible for inclusion in collective proceedings. The Tribunal will hold a hearing to decide whether or not to make a collective proceedings order. If the Tribunal does not make a collective proceedings order, the claim cannot proceed.

If the collective proceedings order is granted, realistically it will take some years for the claim to work its way through the Tribunal system. Unless, of course, the proposed defendants decide to reach a settlement early and compensate UK consumers for what is, according to the claims, obviously a breach of competition law. Some of the proposed defendants have settled US class action lawsuits, although they didn’t admit any wrongdoing in doing so.

The Consumer Rights Act 2015 allows collective proceedings to be brought by a representative of a group of individuals (referred to as a “class representative”) who are alleged to have suffered a common loss. The collective action regime means that those individuals (referred to as “class members”) do not need to bring their own individual claims for compensation. Instead, a class representative can bring a claim on behalf of the whole class. The class representative has a duty to act fairly and in the interests of all of the class members at all times.

If you are a class member (so long as you do not opt out), you will be eligible to claim a share of any money that becomes available following a successful trial or settlement. You will also waive your right to make your own separate claim against the proposed defendants on the same legal grounds as this collective action, and will be bound by judgments that the Tribunal may issue in this case.

The Competition Appeal Tribunal is a specialist court based in London whose function is to hear and decide cases involving competition or economic regulatory issues. Further details about the Tribunal and its on-going cases (including this claim) can be found on its website.

For collective actions to proceed to trial, the Competition Appeal Tribunal must first make a collective proceedings order, which authorises an individual or company (in this case, Waterside Class Limited) to act as a representative of the whole class, and certifies the proposed claim as eligible for inclusion in collective proceedings. If the Tribunal does not make a collective proceedings order, the claim cannot proceed.

This proposed claim is being brought on an opt-out basis for individuals living in the UK. This means that if you fit within the class definition you will automatically be included in the claim and do not have to do anything. You will also be bound by any judgment or settlement, and unable to bring your own individual claim against the proposed defendants on the same legal grounds as this claim, unless you choose to opt-out of the proceedings.

If you fit within the class definition but are not living in the UK, you will not be automatically included in the claim and will need to ‘opt-in’ if you want to join the class.

More information regarding opting in or out of the claim will be posted to this website at a later date. You can register your interest by clicking here to be notified about when and how to opt out or in to the claim.

As proposed class representative, Waterside (led by Anne Heal) would conduct the claim on behalf of all class members: instructing lawyers and economists, making strategic decisions, and considering any settlement offers that the proposed defendants may make. As class representative, Waterside would be responsible for communicating with class members and regularly updating them on the progress of the claim. The Tribunal will determine Waterside’s suitability to act as the class representative following a hearing.

The proposed class of eligible claimants is anyone who, between 1 October 2015 and 31 May 2019, purchased “Salmon Products” for the purpose of “Personal Consumption” from “Grocery Retailers” in the United Kingdom. The terms in italics are defined below:

• The “Salmon Products” that you purchased from a Grocery Retailer must have contained 50% or more Atlantic Salmon content by mass. This would generally include, for example, whole salmon (fresh and frozen), salmon fillets (fresh and frozen), smoked salmon and tinned salmon. Many processed products which only contain smaller amounts of salmon (such as the majority of fishcakes, fish pies or ready meals) would likely not be eligible purchases. Almost all salmon sold by Grocery Retailers in the United Kingdom is Atlantic salmon or wild Pacific salmon. Pacific Salmon is excluded from the claim. You only need to have purchased one eligible Salmon Product between 1 October 2015 and 31 May 2019 to be in the class.
  
• In order for a “Salmon Product” to be bought for “Personal Consumption”, it must be bought to be consumed by you as the purchaser, or your friends and family. It does not include purchase for onward sale.
  
• A “Grocery Retailer” includes any retail setting, whether bricks-and-mortar stores or online sales channels, for example, supermarkets, convenience stores and fishmongers. “Grocery Retailer” does not include catering providers, such as cafes, restaurants and takeaways.

A personal/authorised representative (meaning the executor or administrator of an estate, and those authorised to represent the estate) of an individual who purchased salmon in accordance with the above criteria, but has since passed away, will be able to claim compensation on behalf of the deceased individual.

A small number of people are excluded from the class, meaning that they are not eligible to take part in the claim. These excluded individuals include: (i) employees of the proposed defendants; (ii) Anne Heal, who is the sole director of the class representative, Waterside Class Limited; (iii) any professional advisors to Waterside or the proposed defendants (including lawyers, experts, funders or insurers); and (iv) all members of the Tribunal assigned to these proceedings.

It will also be possible to “opt out” of the class. The claim is being brought as an opt out claim, which means that anyone that is living in the UK on a particular date and falls within the class definition of the claim that the Tribunal certifies will automatically be included in that claim without doing anything, and will be bound by any judgment or settlement, unless they choose to opt-out. Anyone who is not living in the UK on the specified date and falls within the class definition of the claim that the Tribunal certifies will only be included in that claim if they opt in.

If you think you could be in the class, then you should register for updates. The proposed claim is being brought on an ‘opt-out’ basis, meaning that if you live in the UK on a specified date and fall within the class that Waterside intends to represent, you will automatically be included in the claim unless you choose to opt out. If you fall within the class definition but you do not live in the UK on that date, you will need to opt-in.
Guidance for opting in or out of the claim (including the date you need to be living in the UK) will be published to this website at a later date. Those who have registered for updates will be notified.

If you do not want to be part of the claim, you will need to actively opt out once the claim has been certified by the Competition Appeal Tribunal. There will be guidance on how to do this on this website as soon as the claim reaches that stage – you can register to receive updates here.

No. The claims are being brought by Waterside Class Limited, with Anne Heal as Waterside’s sole director and representative. Anne Heal is responsible for bringing the claims on behalf of Waterside and all of Waterside’s legal fees are being paid by a legal claims funder. Waterside has also obtained insurance to cover the proposed defendants’ legal fees if the claims are unsuccessful. Consumers will not be on the hook for anything.

To be absolutely clear, consumers who may be eligible for compensation under the claim can continue buying salmon from any retailer that they wish, although those purchases would not be eligible for compensation, as the action only relates to purchases made between 1 October 2015 and 31 May 2019 (inclusive).

That will ultimately be for the Tribunal to decide, but as at the date of issue the proceedings are seeking up to £382 million compensation for an estimated group of up to 44 million UK consumers.

It is proposed that consumers who do not have any documentation will receive an equal share of the total compensation while consumers who have itemised receipts documenting their purchases will be entitled to that amount.

Any person with an interest (whether or not that person would be a member of the proposed class) may object to the application for this collective action to proceed, or the authorisation of Waterside as the proposed class representative.

Details about how and when to object will be posted to this website at a later date. You can register your interest by clicking here to be notified.

Similarly, any person with an interest (whether or not that person would be a member of the proposed class) can also apply to the Tribunal for permission to make written and/or oral submissions at the hearing.
Details about how and when to make submissions will be posted to this website at a later date. You can register your interest by clicking here to be notified.

You can register to receive regular email updates on the progress of the claim here.

This website will also be regularly updates, and you can read any new notices, press releases and certain documents filed with the Tribunal.

If you have further queries or would like more information, please contact us using our contact form or by emailing us at enquiries@salmonclaim.co.uk.

For media information, please contact Orange@palatine-media.com