Application by Mark McLaren Class Representative Limited to commence collective proceedings under section 47B of the Competition Act 1998. The proposed collective proceedings would combine follow-on actions for damages arising from an infringement decision of the European Commission adopted on 21 February 2018 (Case AT.40009 – Maritime Car Carriers).
A case management conference took place on 19 March 2021 where the Tribunal gave directions for the future conduct of the case.
The pre-hearing review listed for 8 October 2021 was vacated.
The hearing for the CPO Application took place on 29 November to 1 December 2021. On 18 February 2022, the Tribunal issued its judgment in respect of the CPO Application ([2022] CAT 10) ("CPO Judgment").
On 11 March 2022 the Applicant filed submissions in respect of matters raised in the Tribunal's CPO Judgment and in respect of costs, and the First to Third and Fifth to Eleventh Respondents and Fourth Respondent filed separate applications for permission to appeal the CPO Judgment and for a stay of proceedings. The Tribunal issued its ruling in respect of these matters on 27 April 2022 ([2022] CAT 18).
On 3 August 2022 the Class Representative made an application for directions concerning certain Defendants' communications with actual or potential members of the Class (the "Communications Application"). The hearing of the Communications Application took place on 16 November 2022 and the Tribunal issued its Ruling on 28 November 2022 ([2022] CAT 53).
Following renewed applications for permission to appeal by the First to Third and Fifth to Eleventh Defendants and the Fourth Defendant, which were granted by the Court of Appeal, and a cross-appeal by the Class Representative, the Court of Appeal gave judgment on 21 December 2022 ([2022] EWCA Civ 1701).
A case management conference took place on 23 February 2023. At the Tribunal's request, the Class Representative and Defendants attended part of the case management conference for Case No. 1528/5/7/22 (T) Volkswagen AG and Others v MOL (Europe Africa) Ltd and Others on 15 March 2023 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 and hearings, which have been listed as follows:
- A case management conference following the filing and service of Positive Position Statements has been listed for 5 March 2024;
- The hearing of a preliminary issue application made by CSAV has been listed for 8-9 May 2024;
- A case management conference following the filing and service of Negative Position Statements, to be held jointly with a case management conference following the filing and service of Positive Position Statements by the parties to the Volkswagen Proceedings, has been listed for 25-26 June 2024;
- A case management conference to consider and frame the designation of any Ubiquitous Matters in the McLaren and Volkswagen proceedings has been listed for 17-19 July 2024.
On 23 September 2023 the First to Third, Fifth and Sixth to Eleventh Defendants sought permission from the Tribunal to write to large fleet owners ("LFOs"). The hearing of the application took place on 31 October 2023 and the Tribunal issued its Ruling on LFO contact on 14 November 2023 ([2023] CAT 71).
On 6 October 2023 the Class Representative and the Twelfth Defendant ("CSAV") filed a collective settlement approval application. The hearing of the application is listed to take place on 6 December 2023, with a second day in reserve. The Tribunal Panel hearing the application will be Hodge Malek KC (Chair), Dr William Bishop and Eamonn Doran.
