The UK Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks cartel)

The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary issue arising in seven claims for damages following on from the 2016 Commission Trucks settlement decision (the Settlement Decision). [1] The Court of Appeal held that the five truck manufacturers (the Appellants) could not deny facts they had admitted in settling with the Commission – facts that were subsequently recorded in the Settlement Decision. The decision may have significant implications for the role of the English courts in follow-on damages claims after the end of the Brexit transition

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Authors

  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)

Quotation

Jonathan Kelly, Nicholas Levy, Paul Gilbert, Paul Stuart, Fay Davies, The UK Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks cartel), 11 November 2020, e-Competitions November 2020, Art. N° 98229

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