DAF, a Dutch market-leading lorry manufacturer, has been ordered to pay Royal Mail and BT around £20mn following a landmark ruling in the Competition Appeal Tribunal, representing the UK’s first successful follow-on damages claim against a participant in the EU trucks cartel.

The claims are based on the July 2016 settlement decision of the European Commission finding that certain EEA manufacturers of trucks were engaged in a cartel in breach of Article 101 of the TFEU over a 14-year period (broadly, 1997-2011).

The Commission found anti-competitive conduct which consisted of coordination amongst the participating undertakings in respect of the EEA gross list prices for medium and heavy trucks.

The CAT has now invited the parties to calculate the damages, including interest and tax, based on its findings.

Professor Suzanne Rab commented “the value of the overcharge found by the tribunal is quite high given that the value of relevant trucks can range from £60,000 to £300,000 over the period,” adding that the ruling was “likely to embolden other trucks cartel claimants whose claims remain to be heard and fuel the growing momentum of competition damages claims in the UK”.

Read Suzanne's comments in The Times here. Suzanne's comments were also published in Law.com and Business Matters, here and here.