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, to be held jointly with a case management conference following the filing and service of Negative Position Statements by the parties to the McLaren 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; and
• A case management conference following the filing and service of Negative Position Statements has been listed for 13 December 2024.

On 8 November 2023, the claims against the First and Tenth Defendants were stayed by consent until 8 December 2023.