Last reviewed 22 June 2022

The Competition Appeal Tribunal (CAT) has ruled on two applications for a Collective Proceedings Order (CPO) in respect of damages claims resulting from a cartel by truck manufacturers.

In the judgment, available — here, the CAT rejected the first application brought by UK Trucks Claim Ltd (UKTC), a group set up to pursue these claims, but granted the application brought by the Road Haulage Association (RHA), albeit for a narrower class definition than was sought.

The RHA said that it could now proceed with its collective claim on behalf of hauliers seeking damages from the major European truck manufacturers who were found to have operated a price-fixing cartel between 1997 and 2011.

An application for a CPO by the RHA was issued in July 2018 but the hearing to determine whether the tribunal would award the Order was not held until April 2021. This followed a stay of proceedings until the Supreme Court had delivered judgment providing guidance on the collective proceedings regime in another collective claim.

RHA managing director, Richard Smith, said; “The RHA is delighted that the tribunal has approved its application to represent the UK haulage industry in recovering damages on behalf of operators impacted by the truck cartel. There has been a significant amount of work and effort since launching the claim four years ago and this judgment represents a huge endorsement of the RHA’s determination to stand up and fight, not only for its members, but the industry as a whole.”

The RHA claim, which is set to represent over 18,000 operators, is currently valued at over £2 billion.

Once the terms of the collective proceedings order have been confirmed by the Ttribunal, there will be an opportunity for more truck operators to join the claim (including those who have already started individual actions) and the tribunal agreed with RHA’s assessment that many more firms would likely do so.

Full details of the claim can be found — here.