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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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)
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