Competition Appeal Tribunal will jointly case manage collective actions in maritime carriers cartel action

 

Competition Appeal Tribunal will jointly case manage collective actions in maritime carriers cartel action

 

In a novel judgment on case management, the Competition Appeal Tribunal has published an order in the Mark McLaren Class Representative Limited v MOL (Europe Africa) Ltd and others collective damages action. The CAT has ruled that the McLaren proceedings will be jointly managed as one case together with Volkswagen’s standalone damages action.

The defendants in the claim were addressees of the European Commission's February 2018 decision, under the settlement procedure, establishing a cartel between maritime car carriers.

At this stage the CAT has not yet ruled that the cases raise ubiquitous matters relating to overcharge and pass-on – the overlapping elements of the claims. The CAT noted there was a real likelihood that an Umbrella Proceedings Order would be needed. Smith J said that the respective claimants “inevitably have to advance different and almost certainly inconsistent cases” as to who paid the unlawful overcharge.

The order sets out a timetable for McLaren class representatives and Volkswagen claimants to file and serve relevant documents, witness statements, expert reports and evidence to parties to both proceedings.

The order lists the main trial in the McLaren proceedings for 2025, with a provisional time estimate of 10 weeks, and main trial in the Volkswagen proceedings for 2026.

The ruling shows that the CAT is trying to use its case management powers to avoid inconsistent decisions in cases involving overlapping issues.

https://www.catribunal.org.uk/sites/cat/files/2023-04/2023.04.06_1339_1528%28T%29_Order%20of%20the%20Tribunal%20%28Directions%20to%20trial%29.pdf