Tuesday 6 August 2024

Judgment granting collective proceedings order in claim by Road Haulage Association

 


 

The Competition Appeal Tribunal (CAT) has given judgment in a claim brought by Road Haulage Association Limited (RHA) under section 47B of the Competition Act 1998, to commence a collective action to seek damages from various truck manufacturers. 

The claims follow on from the European Commission's 2016 and 2017 truck cartel decisions.

In June 2022 the CAT preferred the RHA’s opt-in application and rejected a proposed opt-out claim brought by UK Trucks Claim Limited (UKTC).  In July 2023 the Court of Appeal mainly dismissed an appeal against the CAT’s June 2022 judgment.  However, finding a potential conflict of interest between new and used trucks claimants the Court of Appeal remitted the case to the CAT for it to consider whether to grant the collective proceedings order (CPO) on the basis of revised arrangements, in particular relating to separate legal and expert representation.

The CAT first ruled that it was not necessary to make separate provision in the class definition for companies which had been dissolved but might be restored to the register.

The CAT ruled that it would be appropriate for claims for leases, other than the first lease of a new truck, to be included in the used truck sub-class. Those claims are, therefore, subject to a longer run-off period (until 31 January 2015).

The CAT also ruled that the funding arrangements are adequate.

The CAT also concluded that arrangements put in place to separate the claims in relation to new trucks and claims relating to used trucks were adequate. A new company, RHA Used Trucks Ltd (RUTL), has been established to act as the proposed sub-class representative for class members with claims for used trucks. This has appointed separate solicitors, counsel and expert.

The CAT, therefore, decided to authorise RUTL as a sub-class representative and to make a CPO in favour of RHA as the class representative.

Road Haulage Association Limited and RHA Used Trucks Limited v Traton SE and others [2024] CAT 51

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