The Competition Appeal Tribunal (Roth J, Fancourt J and Hodge Malek QC) has handed down a significant judgment on the extent to which the recitals to a Commission Decision (Trucks) establishing an infringement of the competition rules is binding on addressees to the Decision when they are defending damages claims in national courts. The Court addressed that question on the basis of EU law and also considered the extent to which the English law principle of abuse of process precludes the defendants advancing a case inconsistent with the recitals given that the Commission Decision is a settlement decision based on the admissions made by the defendants.
The judgment is here.
Marie Demetriou QC, instructed by Hausfeld & Co LLP, represented the Suez, Veolia and Wolseley Claimants;
Kelyn Bacon QC and Matthew Kennedy, instructed by Herbert Smith Freehills LLP, represented the Iveco Defendants;
Daniel Jowell QC and Tom Pascoe, instructed by Slaughter and May, represented the MAN Defendants;
Sarah Ford QC and Daniel Piccinin, instructed by Freshfields Bruckhaus Deringer LLP, represented the Volvo/ Renault Defendants
David Bailey is also instructed by Slaughter and May for MAN in the Trucks proceedings.