Judgment of the Tribunal in relation to an application for a collective proceedings order (“CPO”) brought by Waterside Class Limited (the “PCR”) against Mowi ASA, Mowi Holding AS, Grieg Seafood ASA, SalMar ASA, Lerøy Seafood Group ASA and Scottish Sea Farms Limited (the “Proposed Defendants”).
The proposed collective proceedings relate to alleged infringements of competition law in the market for Atlantic salmon. The PCR alleged that, between 2013 and 2019, the Proposed Defendants unlawfully colluded to manipulate salmon prices, including through the manipulation of the NASDAQ Salmon Index, and that the resulting overcharge was passed on to UK consumers who purchased salmon products from grocery retailers. The PCR sought certification of opt‑out collective proceedings on behalf of millions of UK consumers who purchased salmon from retailers and claimed aggregate damages estimated to be between approximately £71 million and £382 million.
The Proposed Defendants resisted certification. They challenged whether the statutory requirements for certification were met, focusing in particular on the suitability of the proceedings having regard to the costs and benefits to the proposed class.
The Tribunal concluded that the eligibility condition was not satisfied. In particular, the Tribunal found that the PCR had failed to demonstrate that the likely benefits to the class would be proportionate to the very substantial costs of the litigation. The Tribunal also concluded that, to date, the PCR did not satisfy the authorisation condition.
Accordingly, the Tribunal refused to grant a CPO and declined to authorise the PCR as class representative. The Tribunal did not strike out the claim, but invited the PCR to reconsider and reformulate its proposals, indicating that a further application might be made if the identified concerns were properly addressed.
