In a Judgment handed down on 5 July 2024, the Competition Appeal Tribunal dismissed an application brought by 138 public authority claimants in the Trucks Second Wave Proceedings to strike out certain mitigation defences raised by the defendants.
The CAT was satisfied that there was a triable case of pass-on and determined that the claimants’ novel argument that there could be no pass-on from local authorities to taxpayers should be considered at trial.
The Trucks Second Wave Proceedings concern follow-on damages claims by over 700 claimants based on the European Commission’s 2016 Trucks settlement decision in Case AT.39824- Trucks.
Sarah Abram KC and Rachel Oakeshott acted for the MAN, Iveco and Daimler defendants, instructed by Slaughter and May, Herbert Smith Freehills LLP and Allen Overy Shearman Sterling LLP.
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