1431/5/7/22 (T) Adur District Council & Others v TRATON SE & Others

Claim for damages brought by Adur District Council and a number of other claimants, listed in the Schedule of Claimants (set out below), in respect of alleged infringements of Article 101 of the Treaty on the Functioning of the European Union (and its predecessor provisions) and/or Chapter I of the Competition Act 1998.

The claim is made against (1) TRATON SE; (2) MAN Truck and Bus SE; (3) MAN Truck and Bus Deutschland GmbH; (4) AB Volvo publ; (5) Volvo Lastvagnar Aktiebolag; (6) Volvo Group Trucks Central Europe GmbH; (7) Renault Trucks SAS; (8) Daimler AG; (9) Stellantis N.V.; (10) CNH Industrial N.V.; (11) Iveco S.p.A.; (12) Iveco Magirus AG; (13) PACCAR Inc; (14) DAF Trucks N.V.; and (15) DAF Trucks Deutschland GmbH. The Ninth to Twelfth Defendants and the Thirteenth to Fifteenth Defendants have made additional claims under CPR Part 20.7 seeking an indemnity or alternatively contribution from the following Third Parties: 1) Scania Aktiebolag (publ); (2) Scania CV Aktiebolag (publ); and (3) Scania Deutschland GmbH.

The proceedings were transferred from the High Court to the Tribunal by order of the Honourable Mrs Justice Cockerill CBE dated 1 February 2022.

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 further CMC took place on 14 December 2023. On 31 January 2024 the Adur Claimants made an application for strike out or, alternatively, summary judgment of certain mitigation or overcharge arguments raised by the Defendants. The hearing of that application took place on 17 May 2024. The Tribunal issued its judgment on 5 July 2024 ([2024] CAT 45). On 1 October 2024, the Tribunal dismissed an application by the Adur Claimants' for permission to appeal the Tribunal's judgment of 5 July 2024.

By Orders of the Chair dated 14 August 2024, the proceedings against the Daimler and Volvo Defendants were withdrawn.

By Order of the Chair dated 14 August 2024, the proceedings against the DAF Defendants were dismissed.