On 3 and 4 March 2022, two days of pre-trial hearings were scheduled in the antitrust damages proceedings between a group of claimants including Suez Groupe SAS, Veolia Environment S.A. and Wolseley UK Limited against several truck manufacturers. ^[1] The claimants are seeking compensation for alleged damages as a result of the truck cartel. Issues on the agenda included dataset access, disclosure, directions to trial and selection of test claimants.

As to disclosure, the CAT ordered that the truck manufacturers must provide extra disclosure of technical specifications and dealer information. The CAT however denied claimants access to other information of which disclosure was requested, including about delivery and stock handling. ^[2]

As to dataset access, parties discussed the dataset that was composed by both parties and that contains key information that underpins the filed claims and the role it will play in the proceedings. The dataset includes both the claimants’ data and the data that claimants have been able to extract from the defendants’ disclosure. Defendants had the opportunity to intervene and refine, improve or match data. On behalf of the claimants, it was suggested that the dataset could be relied upon for pre-trial disclosure and could be used by economic experts to provide evidence of the alleged overcharge created by the cartel. ^[3]

As to the selection of test claimants, parties said they had reached a “considerable level of agreement” on a proposed set of test claimants. The filed claims of the selected test claimants will advance, while others will be stayed.^[3]

1. The case references are: 1292/5/7/18 Suez Groupe SAS and Others v Stellantis N.V. (formerly Fiat Chrysler Automobiles N.V.) and Others; 1293/5/7/18 Veolia Environnement S.A. and Others v Stellantis N.V. (formerly Fiat Chrysler Automobiles N.V.) and Others; 1294/5/7/18 Wolseley UK Limited and Others v Stellantis N.V. (formerly Fiat Chrysler Automobiles N.V.) and Others.[↩]
2. According to Mlex, ‘Truckmakers must provide certain extra disclosure for cartel litigation, UK judge rules’, 4 March 2022.[↩]
3. According to Mlex, Truckmakers, UK damages claimants focus on key dataset in hearing to help steer litigation’, 3 March 2022.[↩][↩]