This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 8 June 2022, the Competition Appeal Tribunal ("CAT") handed down judgment in respect of two applications for collective proceedings (heard jointly) comprising follow-on damages claims arising from the European Commission's 2016 infringement decision in relation to the Trucks cartel. Key takeaways The CAT will be reluctant to certify two related applications for collective proceedings where there is a significant degree of overlap between the claims. It will be critical to a potential applicant's case in a cartel damages claim to develop and present a "sound methodology" for calculating the alleged overcharge and the resulting damages to be awarded. Proposed class members who were subject to an alleged overcharge in respect of a particular product or service are likely to meet the "same
Access to this article is restricted to subscribers
Already Subscribed? Sign-in