On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement decision issued under the Commission's settlement procedure (Regulation No 622/2008 and Notice OJ 2008 C167/1). The Court of Appeal upheld the CAT's ruling that it would be an abuse of process for the truck manufacturers, in subsequent follow-on damages proceedings, to deny or not admit facts that they are recorded as having accepted in the European Commission's infringement decision. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS The Court of Appeal's judgment is likely to have important implications
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The UK Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals in EU Commission infringement decisions issued under the settlement procedure (Trucks Cartel)
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