1528/5/7/22 (T) Volkswagen AG and Others v MOL (Europe Africa) Ltd and Others

Claim for damages brought by Volkswagen AG and a number of claimants, listed in the Schedule of Claimants (set out below), against (1) MOL (Europe Africa) Ltd, (2) “K”-Line Holding (Europe) Limited, (3) “K”-Line (Europe) Limited and (4) Kawasaki Kisen Kaisha, Ltd.  The Claimants rely on the decision of the European Commission dated 21 February 2018 (Case AT.40009 – Maritime Car Carriers) and on decisions by foreign criminal and competition authorities under their respective national laws.

The claim, insofar as brought in reliance on section 2 of the Competition Act 1998 and Article 101 of the Treaty on the Functioning of the European Union, was transferred from the High Court to the Tribunal by order of the Honourable Mr Justice Calver dated 20 June 2022, which took effect on 19 August 2022.

On 11 January 2023, the proceedings in Volkswagen AG and Others v Mitsui O.S.K. Lines, Limited (Case No. 1571/5/7/22 (T)) were consolidated with these proceedings by consent.

A case management conference took place on 15 March 2023. At the Tribunal's request, the parties to Case No. 1339/7/7/20 Mark McLaren Class Representative Limited v MOL (Europe Africa) Ltd and Others attended part of the case management conference 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, which have been listed as follows:

• 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 in the McLaren Proceedings, to be held jointly with a case management conference following the filing and service of Positive Position Statements by the parties in 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 15 December 2023, the claims against the First and Tenth Defendants were withdrawn by consent. The claims against the Seventh to Ninth Defendants and the Rule 39 Defendant were stayed by consent until 26 April 2024. On 8 March 2024, the entirety of the Part 20 Claim by MOL (Europe Africa) against the Rule 39 Defendant was withdrawn. On 28 May 2024, the Part 20 Claim by the Seventh to Ninth Defendants against the Rule 39 Defendant was also withdrawn by consent. The claims against K-Line were withdrawn by consent on 25 June 2024, meaning the case has now settled in its entirety.