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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