UK Trucks Claim Ltd v Stellantis N.V. & others

Tuesday 9 – Thursday 11 May 2023

Before The Chancellor of the High Court
Lord Justice Green
Lord Justice Snowden

Appeal 1 – By Appellant’s Notice filed on 25 November 2022, UK Trucks Claim Limited (UKTC), appeals with permission (in part) the order of the Competition Appeal Tribunal (CAT) dated 8 June 2022 by which they dismissed UKTC’s application for a collective proceedings order (CPO), primarily on an opt-out basis and granted the parallel application issued by the Road Haulage Association (RHA) for an opt-in CPO.

The CAT considered two applications for a CPO pursuant to s. 47B of the Competition Act 1998 in respect of damages claims resulting from a cartel. The proposed collective proceedings would group together claims of purchasers of trucks from 5 manufacturers.

The first application was brought by UKTC, a special purpose vehicle set up to pursue these claims. The second application was brought by the Road Haulage Association Limited, the trade association of those engaged in the haulage industry.

The CAT held that the application brought by the RHA should be granted, albeit for a narrower class definition than was sought, and rejected the application brought by UKTC.

Appeal 2 – is Traton SE & Others’ ( the MAN appellants) appeal ,with CAT permission, against the same decision of 8 June 2022 on one ground – that the class as certified includes acquirers of both new and used trucks)

Appeal 3 – is Paccar Inc & Others (the DAF appellants) appeal, also with permission from the CAT.