Royal Mail Group Ltd v DAF Trucks Ltd & Ors [2024] EWCA Civ 181 (27 February 2024)

Royal Mail Group Ltd v DAF Trucks Ltd & Ors [2024] EWCA Civ 181 (27 February 2024)

The CAT was entitled to find, on the evidence and applying the broad axe principle, that the claimants suffered a 5% overcharge as a result of the cartel, including on truck bodies, and that DAF failed to prove any direct and proximate causal link between the overcharge and any downstream price increases by the claimants. The CAT's approach to quantum, causation, and mitigation was consistent with established legal principles and not vitiated by error.

Citation
[2024] EWCA Civ 181
Parties
Claimant/respondent: Royal Mail Group Limited; Claimant/respondent: BT Group PLC; Claimant/respondent: British Telecommunications PLC; Claimant/respondent: BT Fleet Limited; Defendant/appellant: DAF Trucks Limited; Defendant/appellant: DAF Trucks N.V.; Defendant/appellant: DAF Trucks Deutschland GmbH; Defendant/appellant: PACCAR Inc; Defendant/appellant: PACCAR Financial PLC; Defendant/appellant: Leyland Trucks Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2024
Procedural Posture
Civil Appeal (competition Law Damages) / Appeal From Competition Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Follow on Damages, Cartel Overcharge, Mitigation of Loss, Pass on Defence, Quantum of Damages, Statutory Duty, Causation, Expert Evidence
Competition Law Tort Law EU Law Follow on Damages Cartel Overcharge Mitigation of Loss Pass on Defence Quantum of Damages +3 more

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Parties

Royal Mail Group Limited

Claimant/respondent

BT Group PLC

Claimant/respondent

British Telecommunications PLC

Claimant/respondent

BT Fleet Limited

Claimant/respondent

DAF Trucks Limited

Defendant/appellant

DAF Trucks N.V.

Defendant/appellant

DAF Trucks Deutschland GmbH

Defendant/appellant

PACCAR Inc

Defendant/appellant

PACCAR Financial PLC

Defendant/appellant

Leyland Trucks Limited

Defendant/appellant

Procedural Posture

Civil Appeal (competition Law Damages) / Appeal From Competition Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Competition Appeal Tribunal erred in its assessment of quantum of damages for cartel overcharge.
  2. 2 Whether the inclusion of truck bodies in the overcharge calculation was correct.
  3. 3 Whether the claimants mitigated their loss by passing on the overcharge to their customers (supply pass-on).

Ratio Decidendi

The CAT was entitled to find, on the evidence and applying the broad axe principle, that the claimants suffered a 5% overcharge as a result of the cartel, including on truck bodies, and that DAF failed to prove any direct and proximate causal link between the overcharge and any downstream price increases by the claimants. The CAT's approach to quantum, causation, and mitigation was consistent with established legal principles and not vitiated by error.

Court Disposition

Appeal dismissed

Orders

  • CAT's judgment and orders on quantum and inclusion of truck bodies upheld.
  • No deduction for supply pass-on or mitigation; damages as assessed by CAT stand.