1296/5/7/18 Arla Foods AMBA and Others v Stellantis N.V. (formerly Fiat Chrysler Automobiles N.V.) and Another

Claim for damages for breach of Article 101 of the Treaty on the Functioning of the European Union by Arla Foods AMBA and its subsidiaries, associated companies and co-operatives against (1) Fiat Chrysler Automobiles N.V.; and (2) CNH Industrial N.V.. The Claimants rely on a decision of the European Commission of 19 July 2016 (Case AT.39824 - Trucks) which was addressed to (amongst others) the Defendants.

On 17 February 2021, the Tribunal was notified that the name of the First Defendant has changed from Fiat Chrysler Automobiles N.V. to Stellantis N.V..

A joint case management conference in the Trucks Second Wave Proceedings took place in the Court of Session, Edinburgh on 19 and 20 October 2023.

A remote hearing (to hear the parties' experts in a pre-report hot-tub) took place on 14 December 2023.

On 27 June 2024, the Tribunal issued its ruling ([2024] CAT 43) in connection with an application by the Defendants that certain Claimants provide responses to information requests relating to supply pass on and truck related services value of commerce.

On 5 July 2024, the Tribunal issued a Ruling an application by the Arla and Boots Claimants for disclosure ([2024] CAT 46) (the "Disclosure Ruling"). On 1 October 2024, the Tribunal refused an application by the Boots Claimants for permission to appeal the Disclosure Ruling ([2024] CAT 55).

A hearing took place on 21 and 22 October 2024 to consider: (i) an application made by the Claimants to amend the timetable set down in the Tribunal's Future Conduct Ruling ([2024] CAT 2), including case management directions to trial; (ii) any outstanding disclosure applications; and (iii) the scope of issues to be determined at the first trial. The Tribunal issued its Ruling on 21 November 2024 ([2024] CAT 66). The Chair made an Order (Directions to trial) on the same date.