MOL (Europe Africa) Ltd & Ors. v Mark McLaren Class Representative Ltd

MOL (Europe Africa) Ltd & Ors. v Mark McLaren Class Representative Ltd

The CAT did not err in certifying the CPO or in its treatment of the methodology for loss, as the issues of overall versus silo pricing and causation are factual matters for trial, not grounds for strike out. The CAT erred in not providing further case management directions regarding the competing pricing theories and in prematurely deciding causation at certification. The CAT was correct to exclude claims of persons deceased before claim issue from the class definition post-limitation.

Parties
Appellants / Respondents to Cross Appeal: MOL (Europe Africa) Ltd and Others; Respondent / Cross Appellant: Mark McLaren Class Representative Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Civil Appeal (competition/collective Proceedings) / Appeal From Competition Appeal Tribunal to Court of Appeal
Outcome
Appeal by MNW dismissed as to strike out; claim remitted to CAT for further case management; paragraphs [121]-[124] of CAT judgment set aside; KK appeal dismissed; cross-appeal on class definition dismissed.
Legal Topics
Collective Proceedings Order, Aggregate Damages, Pass on Defence, Limitation of Actions, Case Management, Causation, Certification of Class Actions
Competition Law Civil Procedure Collective Proceedings Order Aggregate Damages Pass on Defence Limitation of Actions Case Management Causation +1 more

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Parties

MOL (Europe Africa) Ltd and Others

Appellants / Respondents to Cross Appeal

Mark McLaren Class Representative Ltd

Respondent / Cross Appellant

Procedural Posture

Civil Appeal (competition/collective Proceedings) / Appeal From Competition Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the CAT erred in certifying the collective proceedings order (CPO) given the methodology for proving loss in a pass-on case;
  2. 2 Whether the CAT erred in its approach to overall pricing versus silo pricing theories;
  3. 3 Whether the CAT erred in its causation analysis regarding set-off of benefits;

Ratio Decidendi

The CAT did not err in certifying the CPO or in its treatment of the methodology for loss, as the issues of overall versus silo pricing and causation are factual matters for trial, not grounds for strike out. The CAT erred in not providing further case management directions regarding the competing pricing theories and in prematurely deciding causation at certification. The CAT was correct to exclude claims of persons deceased before claim issue from the class definition post-limitation.

Court Disposition

Appeal by MNW dismissed as to strike out; claim remitted to CAT for further case management; paragraphs [121]-[124] of CAT judgment set aside; KK appeal dismissed; cross-appeal on class definition dismissed.

Orders

  • Claim remitted to CAT for reconsideration of case management regarding pricing methodology and evidential issues.
  • Paragraphs [121]-[124] of CAT judgment set aside.