Jurisdiction(s):
United Kingdom

UK competition law: CAT grants RHA trucks CPO and authorises used-trucks sub-class; permission to appeal in Lundbeck; CMA consults on CA98 procedures under DMCCA; merger updates; calendar

Published on: 02 August 2024

Published by a LexisNexis Competition expert

Legal News

Article summary

Private actions CAT issues ruling making CPO in favour of the Road Haulage Association in trucks cartel proceedings

The CAT has handed down its ruling in Road Haulage Association Limited v Man SE and Others, deciding an application for a collective proceedings order (CPO) arising from follow-on damages claims linked to the Commission’s decision of 19 July 2024, which concluded that five truck makers (MAN, Volvo/Renault, Daimler, Iveco and DAF) engaged in a cartel in markets for the production of heavy and medium duty trucks (Case 39824). On 8 June 2022, the CAT heard the RHA’s CPO application concurrently with a separate application brought by UK Trucks Claim Limited (UKTC). The Tribunal favoured the RHA’s opt-in approach and declined UKTC’s opt-out proposal, rejecting the latter claim. UKTC and several of the defendants appealed the CAT’s judgment to the Court of Appeal. In July 2023, the Court of Appeal largely dismissed those appeals. However, it identified a potential conflict of interest between purchasers of new and used trucks on pass-on matters, which would need to be addressed. That issue related specifically to pass-on between different groups of purchasers...

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