Application by Mark McLaren Class Representative Limited to commence collective proceedings under section 47B of the Competition Act 1998. The proposed collective proceedings would combine follow-on actions for damages arising from an infringement decision of the European Commission adopted on 21 February 2018 (Case AT.40009 – Maritime Car Carriers).
A case management conference took place on 19 March 2021 where the Tribunal gave directions for the future conduct of the case.
The pre-hearing review listed for 8 October 2021 was vacated.
The hearing for the CPO Application took place on 29 November to 1 December 2021. The Tribunal issued its judgment on 18 February 2022 ([2022] CAT 10) ("CPO Judgment").
On 11 March 2022 the Applicant filed submissions in respect of matters raised in the Tribunal's CPO Judgment and in respect of costs, and the First to Third and Fifth to Eleventh Respondents and Fourth Respondent filed separate applications for permission to appeal the CPO Judgment and for a stay of proceedings. The Tribunal issued its ruling in respect of these matters on 27 April 2022 ([2022] CAT 18).
On 3 August 2022 the Class Representative made an application for directions concerning certain Defendants' communications with actual or potential members of the Class (the "Communications Application"). The hearing of the Communications Application took place on 16 November 2022 and the Tribunal issued its Ruling on 28 November 2022 ([2022] CAT 53) ("Communications Ruling").
Following renewed applications for permission to appeal the CPO Judgment by the First to Third and Fifth to Eleventh Defendants and the Fourth Defendant, which were granted by the Court of Appeal, and a cross-appeal by the Class Representative, the Court of Appeal gave judgment on 21 December 2022 ([2022] EWCA Civ 1701).
A case management conference took place on 23 February 2023. At the Tribunal's request, the Class Representative and Defendants attended part of the case management conference for Case No. 1528/5/7/22 (T) Volkswagen AG and Others v MOL (Europe Africa) Ltd and Others on 15 March 2023 where the Tribunal gave directions for the future conduct of both proceedings. On 6 April 2023, the Tribunal issued its Ruling giving directions to trial ([2023] CAT 25).
The Ruling giving directions to trial provides for a number of case management conferences and hearings:
- A case management conference following the filing and service of Positive Position Statements was listed for 17 April 2024, but was ultimately vacated;
- A case management conference following the filing and service of Negative Position Statements, to be held jointly with a case management conference following the filing and service of Positive Position Statements by the parties to the Volkswagen Proceedings, was listed for 25-26 June 2024. That has now been vacated and relisted on 10 September 2024. As the Volkswagen Proceedings have now settled, the relisted case management conference relates only to the McLaren Proceedings;
- A case management conference to consider and frame the designation of any Ubiquitous Matters in the McLaren and Volkswagen proceedings was listed for 17-19 July 2024. That has since been vacated following successful settlement in the Volkswagen proceedings.
On 23 September 2023 the First to Third, Fifth and Sixth to Eleventh Defendants sought permission from the Tribunal to write to large fleet owners ("LFOs"). The hearing of the application took place on 31 October 2023 and the Tribunal issued its Ruling on LFO contact on 14 November 2023 ([2023] CAT 71).
On 6 October 2023 the Class Representative and the Twelfth Defendant ("CSAV") filed a collective settlement approval application. The Tribunal Panel constituted to hear the application consists of Hodge Malek KC (Chair), William Bishop and Eamonn Doran ("Settlement Tribunal"). The hearing of the application took place on 6 December 2023 where the Settlement Tribunal gave judgment ([2023] CAT 75) and made a Collective Settlement Approval Order. Following this, the hearing of the preliminary issue application filed by CSAV on 8 March 2023, which was listed to take place on 8-9 May 2024, has been vacated.
On 18 October 2023, the Class Representative filed an application ("the Related Costs Application") for an order that part of the damages paid by CSAV under the Collective Settlement be used to cover a proportion of the costs payable by the Class Representative to third parties with a stake in these proceedings. The hearing of the Related Costs Application was heard on 30 April 2024. The Tribunal issued its Judgment on 12 July 2024 declining an order that the damages be used to cover third party costs, but allowing £71,000 to be paid towards the CR’s costs of the Related Costs Application.
Following renewed applications by the First to Third Defendants and the Fourth Defendant for permission to review the Communications Ruling, the Court of Appeal gave judgment on 8 December 2023 ([2023] EWCA Civ 1471).
On 7 February 2024, the Tribunal issued its ruling that the Class Representative's ("CR") Revised Litigation Funding Arrangement addresses the issues raised in the PACCAR Judgment ([2024] CAT 10).
A PTR was held on 4 December 2024.
On 27 November 2024, the Class representative and the Sixth to Eleventh Defendants filed a collective settlement approval application, as did the Fourth Defendant. The hearing of both applications took place on 5 December 2024 before the Settlement Tribunal. Both applications were approved on 6 December 2024.
The Trial is scheduled to start on 13 January 2025, with a provisional time estimate of 10-weeks.
