Judgment of the Tribunal concerning to the approaches by the parties to the gathering of evidence to be adduced in order for the Tribunal to resolve questions of pass-on.
The Tribunal declined to adopt any of the three approaches presented by the parties, which it said failed to articulate the issues and or factors that are and are not relevant to determination of the fact or extent of pass-on.
Citing the dissenting judgment of Derek Ridyard in Royal Mail Group Ltd v. DAF Trucks Ltd and others ([2023] CAT 6), the Tribunal unanimously decided that the crucial element of the exercise is to identify the factors that have a causative connection to pass-on rates as a preliminary step. The Tribunal made a number of directions setting out the process by which the exercise to identify relevant issues and factors is to be undertaken.
