Ruling of the Tribunal on the Claimants application for permission to appeal the Tribunal's judgment dated 21 February 2025 ([2025] CAT 9). The Claimants contended that the Tribunal erred in holding that the Claimants had failed (on the balance of probabilities) to establish they suffered any loss by reason of the Autoliv Defendants’ cartel conduct. The Claimants’ appeal was advanced on two alternative limbs:
(A) Limb One: The Tribunal erred as stated above even if it was correct to hold that the Claimants’ economic expert models were unreliable.
(B) Limb Two: The Tribunal erred as stated above on the further ground that the Tribunal further erred in holding that the Claimants’ economic expert models were unreliable.
A preliminary issue arose as to whether the PTA Application should be governed by Part 52 of the CPR or Rule 107 of the Competition Appeal Tribunal Rules 2015 given that the High Court Order which transferred these proceedings to the CAT sought to retain the application of CPR Part 52.
The Tribunal concluded that the applicable rules were those of the Tribunal, and granted the Claimants permission to appeal on Limb One, but refused permission on Limb Two.
