Claim for damages for breach of Article 101 of the Treaty on the Functioning of the European Union by companies within the Wolseley, Brakes, C.M. Downton, Dairy Crest, METRO and NWF Groups (the “Claimants”) against (1) Fiat Chrysler Automobiles N.V. (the “First Defendant”); (2) CNH Industrial N.V. (the “Second Defendant”); (3) DAF Trucks N.V. (the “Third Defendant”); and (4) DAF Trucks Limited (the "Wolseley Case"). The Claimants rely on a decision of the European Commission of 19 July 2016 (Case AT.39824 – Trucks) which was addressed to (amongst others) the First, Second and Third Defendants.
The issues in the proceedings were transferred from the High Court to the Tribunal by consent by order of Mr Justice Roth dated 26 July 2018.
A case management conference (CMC) was held on 21-22 November 2018. The CMC was heard jointly with CMCs in Cases 1284T, 1290T-1293T and 1295T. At the CMC, the Tribunal directed that the Wolseley Case be jointly case managed with Cases 1292T (Suez) and 1293T (Veolia).
On 11 December 2018 the Tribunal issued a judgment giving reasons for its decisions on two issues heard at the CMC in relation to confidentiality rings and disclosure of translations ([2018] CAT 19).
A hearing of the Wolseley Claimants' application in relation to Daimler's additional claim took place on 30 January 2019. Judgment was handed down on 8 May 2019.
A further CMC took place on 2-3 May 2019 and was heard jointly with CMCs in Cases 1284T, 1290T-1293T and 1295T.
On 1 July 2019 the claim by Kent Frozen Foods Limited (Case 1327T) was consolidated with the Wolseley Case.
A hearing of disclosure applications as between Wolseley and Daimler took place on 19-20 September 2019 at which disclosure applications in Case 1291T (Ryder) and 1295T (Dawsongroup) were also heard.
A preliminary issue hearing took place on 3, 5 and 6 December 2019.
A further CMC took place on 6 February 2020 and was heard jointly with CMCs in Cases 1284T, 1290T-1293T and 1295T.
Judgment on the preliminary issue was handed down on 4 March 2020 ([2020] CAT 7). On 26 March 2020 the Tribunal issued a ruling partially granting the Defendants' applications for permission to appeal ([2020] CAT 10). On 11 November 2020 the Court of Appeal issued its judgment on the preliminary issue ([2020] EWCA Civ 1475).
A hearing of the Wolseley Claimants' application in relation to Daimler's database disclosure took place on 19 June 2020 as a remote case event before the Chairman (Mr Malek QC) sitting alone. The Chairman gave a ruling on the application at the hearing ([2020] CAT 15).
A further CMC took place on 29-30 October 2020 and was heard jointly with CMCs in Cases 1284T, 1290T-1293T and 1295T.
On 17 February 2021, the Tribunal was notified that the name of the First Defendant has changed from Fiat Chrysler Automobiles N.V. to Stellantis N.V..
A hearing of the Claimants' application in relation to disclosure of data by Iveco-owned dealers took place on 4 March 2021 before the Chairman, Mr Malek QC, sitting alone. On 4 March 2021, the Chairman made a ruling in relation to an application filed by the VSW Claimants against the Iveco Defendants for disclosure of data relating to sales by Iveco-owned dealers ([2021] CAT 6).
A further CMC took place on 4-5 October 2021 and was heard jointly with cases 1292T and 1293T.
By Order of 15 December 2021, TRATON SE was substituted for MAN SE as the First Named Third Party in the proceedings.
A further CMC listed for 3-4 March 2022 to be heard jointly with cases 1292T and 1293T was vacated.
By an Order dated 28 February 2023, the proceedings against the DAF Defendants were stayed by consent.
A Pre-Trial Review, to be heard jointly with cases 1292T and 1293T, shall be listed in the week commencing 12 February 2024, with a provisional time estimate of five days.
The trial, to be heard jointly with cases 1292T and 1293T, is listed to commence on 9 April 2024 with a time estimate of 28 weeks, excluding 31 July 2024 to 16 September 2024 which shall be non-sitting days.
