1295/5/7/18 (T) Dawsongroup plc and Others v DAF Trucks N.V. and Others

Registered

Tribunal

Status

Claim for damages for breach of Article 101 of the Treaty on the Functioning of the European Union (and/or its earlier equivalents) and/or Chapter I of the Competition Act 1998 by (1) Dawsongroup Plc; (2) Dawsongroup UK Limited; (3) Dawsongroup Truck and Trailer Limited; (4) Dawsongroup Material Handling Limited; and (5) Dawsongroup Sweepers Limited (together, the “Claimants”) against (1) DAF Trucks N.V.; (2) DAF Trucks Deutschland GmbH; (3) PACCAR Inc; (4) DAF Trucks Limited; (5) Daimler AG; (6) Mercedes Benz Cars UK Limited; (7) Aktiebolaget Volvo (Publ); (8) Volvo Lastvagnar AB; (9) Volvo Group Trucks Central Europe GmbH; (10) Renault Trucks SAS; and (11) Volvo Group UK Limited. The Claimants rely on a decision of the European Commission of 19 July 2016 (Case AT.39824 – Trucks) which was addressed to (among others) eight of the eleven Defendants.

The issues in the proceedings were transferred from the High Court to the Tribunal by consent by order of Mr Justice Roth dated 31 July 2018.

A case management conference (CMC) was held on 21-22 November 2018. The CMC was heard jointly with CMCs in Cases 1284T and 1290T-1294T. 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 further CMC took place on 2-3 May 2019 and was heard jointly with CMCs in Cases 1284T and 1290T-1294T.

A hearing of disclosure applications took place on 19-20 September 2019 at which disclosure applications in Cases 1291T (Ryder) and 1294T (Wolseley) 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 and 1290T-1294T.

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. On 23 June 2020 the Tribunal issued a ruling on the claimants' application for their costs of the preliminary issue hearing ([2020] CAT 14). On 11 November 2020 the Court of Appeal issued its judgment on the preliminary issue ([2020] EWCA Civ 1475).

A further CMC took place on 29-30 October 2020 and was heard jointly with CMCs in Cases 1284T and 1290T-1294T.

The CMC to consider disclosure applications as between Dawsongroup, Ryder and Daimler listed for 30 November 2020 was vacated.

A further CMC has been listed for 5-6 May 2021 to be heard jointly with Case 1291T.

Events

21 Nov 2018 | 10am (time estimate of 2 days) Case management conference
2 May 2019 | 10.30am (time estimate of 2 days) Case management conference
19 Sept 2019 | 10.30am (time estimate of 2 days) Hearing (Disclosure applications)
3 Dec 2019 | 10.30am (time estimate of 3 days) | Court 30, Rolls Building Hearing (Preliminary issue)
6 Feb 2020 | 10.30am Case management conference
4 March 2020 | 10am Handing down of Judgment
29 Oct 2020 | 10.30am (time estimate of 2 days) Case management conference
5 May 2021 | 10.30am (time estimate of 2 days) Case management conference

Documents

Order of the President (Re-amended particulars of claim) 08/01/2021
Order of the President (Re-re-amended confidentiality ring) 04/12/2020
Order of the President (Directions to trial) 03/12/2020
Order of the Chairman (Daimler communications disclosure) 27/11/2020
Judgment of the Court of Appeal (Preliminary Issue) 11/11/2020
Order of the Chairman (DAF and Volvo/Renault communications and procurement disclosure) 30/10/2020
Order of the Chairman (Daimler disclosure) 12/10/2020
Order of the President (Further extension of time - Volvo/Renault disclosure) 10/07/2020
Ruling (Costs of preliminary issue) | Summary 23/06/2020
Order of the President (Further extension of time - Volvo/Renault disclosure) 03/06/2020
Order of the President (Further extension of time - Daimler disclosure) 01/05/2020
Order of the President (Further extension of time - Volvo/Renault disclosure) 27/04/2020
Order of the President (Extension of time - Daimler disclosure) 02/04/2020
Order of the President (Directions further to CMC on 6 February 2020) 30/03/2020
Order of the President (Re-amended confidentiality ring) 30/03/2020
Ruling (Permission to appeal - preliminary issue) | Summary 26/03/2020
Order of the Chairman (Extension of time - Volvo/Renault disclosure) 06/03/2020
Judgment (Preliminary issue) | Summary 04/03/2020
Order of the President (Volvo/Renault database disclosure) 06/02/2020
Transcript of CMC (6 February 2020) 06/02/2020
Reasoned Order (Directions for case management conference) 17/01/2020
Ruling (Disclosure) | Summary 15/01/2020
Order of the Chairman (Further extending deadline for disclosure) 19/12/2019
Transcript of the preliminary issues hearing (Day 3) 06/12/2019
Transcript of the preliminary issues hearing (Day 2) 05/12/2019
Transcript of the preliminary issues hearing (Day 1) 03/12/2019
Order of the Chairman (Extending deadline for disclosure) 02/12/2019
Order of the President (Extension of time for amended defences) 17/10/2019
Order of the Chairman (Disclosure) 20/09/2019
Transcript of hearing (Disclosure) (Day 2) 20/09/2019
Transcript of hearing (Disclosure) (Day 1) 19/09/2019
Order of the President (Amended particulars of claim) 09/09/2019
Order of the President (Extending deadline for application for permission to amend particulars of claim) 03/09/2019
Order of the President (Amending wording of preliminary issue) 31/07/2019
Order of the President (Preliminary issue) 11/07/2019
Order of the President (Amending confidentiality ring) 12/06/2019
Order of the President (Directions further to CMC on 2-3 May 2019) 03/05/2019
Transcript of CMC (Day 2 - 3 May 2019) 03/05/2019
Transcript of CMC (Day 1 - 2 May 2019) 02/05/2019
Reasoned Order of the President (Addressee Defendants' responses to Claimants' recital schedules) 02/04/2019
Order of the President (Variation of order re Daimler application to withhold inspection of certain documents) 04/01/2019
Order of the President (Daimler application to withhold inspection of certain documents) 20/12/2018
Order of the President (Confidentiality ring) 18/12/2018
Judgment (Confidentiality rings and disclosure of translations) | Summary 11/12/2018
Transcript of CMC (Day 2 - 22 November 2018) 22/11/2018
Order of the President (Directions further to CMC on 21-22 November 2018) 22/11/2018
Transcript of CMC (Day 1 - 21 November 2018) 21/11/2018
Order of the Chairman (Deadline for replies) 04/09/2018
Order of the High Court (Transfer) 31/07/2018