Status
Claim for damages for breach of Article 101 of the Treaty of the Functioning of the European Union and Article 53 of the European Economic Area Agreement by Fiat Chrysler Automobiles N.V. and six other companies (the "Claimants") against JTEKT Europe Bearings B.V.; Koyo France SA; Koyo Deutschland GmbH; NTN Corporation; NTN Wälzlager (Europa) GmbH and NTN-SNR Roulements SA (the "Defendants"). The Claimants rely on a decision of the European Commission of 19 March 2014 (CASE COMP/39922 - Automotive Bearings) which was addressed to all of the Defendants.
The issues in the proceedings were transferred from the High Court to the Tribunal by order of Mr Justice Jacobs dated 10 July 2020.
The claim against JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH was withdrawn by consent on 7 October 2020.
A case management conference took place on 11 January 2021 as a remote case event.
On 29 March 2021, the NTN Defendants made an application for specific disclosure. The hearing of the application took place as a remote case event on 10 May 2021 and the Tribunal's ruling was issued on 18 June 2021 ([2021] CAT 15).
On 1 April 2021, the Claimants sought the Tribunal's permission to change the name of the First Claimant from Fiat Chrysler Automobiles N.V. to Stellantis N.V. and to remove the Third Claimant as a claimant in these proceedings. The Chairman made an order on 12 April 2021 granting the Claimants permission to amend their Re-Amended Claim Form and Re-Amended Particulars of Claim.
On 18 May 2021, the Claimants made an application for summary judgment on the NTN Defendants' defence of mitigation by cost reduction in the Amended Defence. The hearing of the application took place as a remote case event on 14 June 2021 and the Tribunal gave judgment on 18 June 2021 ([2021] CAT 14).
On 23 June 2021 the Claimant sought its costs in respect of the Defendants' application for specific disclosure and the Claimants' application for summary judgment. On 9 July 2021 the Defendants sought permission to appeal the Tribunal's judgment of 18 June 2021 striking out the Defendants' relevant mitigation plea ([2021] CAT 14). On 26 July 2021, the Tribunal issued its ruling in respect of the costs of the Defendants' application for specific disclosure ([2021] CAT 24) and its ruling in respect of the Defendants' application for permission to appeal and the costs of the Claimants' application for summary judgment ([2021] CAT 25).
A pre-hearing review took place on 26 November 2021.
The claims against NTN Corporation, NTN Wälzlager (Europa) GmbH and NTN-SNR Roulements SA were withdrawn by consent on 5 January 2022. The trial in these proceedings listed for 19 January 2022 has been vacated.
