1639/7/7/24 Bulk Mail Claim Limited v International Distribution Services Plc (formerly Royal Mail Plc)

The Proposed Claim “follows on” from the decision of the Office of Communications (“Ofcom”) dated 14 August 2018 titled “Discriminatory pricing in relation to the supply of bulk mail delivery services in the UK” (“Ofcom Decision”). The Ofcom Decision concluded that the Proposed Defendant (“Royal Mail”) abused its dominant position in the market for “Bulk Mail” delivery services in the UK by attempting to introduce discriminatory prices via “Contract Change Notices” on 10 January 2014, contrary to the Chapter II prohibition of the Act (“the Chapter II Prohibition”) and Article 102 of the Treaty on the Functioning of the European Union (“TFEU”).

The Proposed Claim is for damages resulting from Royal Mail’s breach of the Chapter II Prohibition and/or Article 102 TFEU. It is brought on behalf of all persons who purchased Bulk Mail Retail Services between 10 January 2014 and at least 7 June 2022 but no later than 29 May 2024.

The first CMC was held on 12 September 2024. Pursuant to the Tribunal’s Order made at the first CMC, the certification hearing has been listed to take place on 3 March 2025, with a time estimate of 3 days.

The CPO application hearing took place on 3-4 March 2024. The Tribunal issued its judgment on 12 March 2025 ([2025] CAT 19).