Competition Appeal Tribunal issues preliminary ruling in European truck manufacturing groups case


Re: Royal Mail Group Ltd & Ors v DAF Trucks Limited & Ors [2020] CAT 7

The Competition Appeal Tribunal ruled on the preliminary issue relating to the extent to which various recitals in sections 3, 4 and 7 of the Commission Decision of 19 July 2016 in Case 39824 Trucks are binding as a matter of EU law and, insofar as they are not binding under EU law, whether it would be an abuse of process as a matter of English common law for the defendants not to admit them in these proceedings.

The Tribunal held that pursuant to Article 16 of Regulation 1/2003 the defendants were bound by certain recitals in sections 3, 4 and 7 of the Decision for the purposes of the proceedings. Concerning other findings in the recitals to the Decision which the defendants did not accept as binding or did not otherwise admit, the question whether it is an abuse of process for the defendants to contest them was to be determined by applying the set of principles set out by the Tribunal at paragraph 141 of its judgment. 

Christopher Brown was involved in this case.