The Competition Appeal Tribunal has
published a notice of an application for collective proceedings in a
competition damages action under section 47B of the Competition Act 1998 against
Fiat Chrysler Automobiles N.V., CNH Industrial N.V., Iveco S.P.A., Iveco
Magirus AG and Daimler AG.
The proposed action combines
follow-on claims arising out of the European Commission’s decision - in Case
AT.39824 – Trucks - announced on 19 July 2016 that it had imposed fines on four
truck manufacturers (with a fifth receiving immunity) for their participation
in a cartel for medium and heavy trucks in the EEA.
The applicant has applied for a
collective proceedings order for it to act as the class representative in
opt-out collective proceedings or, in the alternative, on an opt-in basis.
The proposed class comprises persons
who, between 17 January 1997 and 18 January 2011, acquired one or more new
medium or heavy trucks registered in the UK.
The commencement of collective
proceedings under section 47B of the Competition Act, and the suitability of
the proposed class representative, must be approved by the CAT.
The CAT will now consider whether to
make a collective proceedings order.
The application follows the CAT’s
2017 rejection of an application by Walter Merricks as the putative class
representative for a collective proceedings order in a £14 billion opt-out
action against MasterCard. The proposed
proceedings would have aggregated follow-on actions for damages arising from
the European Commission’s finding that MasterCard's EEA multilateral
interchange fees infringed Article 101 TFEU.
Case 1282/7/7/18 - UK Trucks Claim
Limited v Fiat Chrysler Automobiles N.V. and Others
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