The UK Competition Appeal Tribunal (CAT) has certified a collective action against multiple maritime car carriers who operated an illegal cartel to manipulate car shipping prices. Certification clears the way for the class action filed by consumer rights champion Mark McLaren, who has instructed has instructed Scott+Scott UK LLP as solicitors on behalf of consumers and businesses who purchased or leased new cars or vans, to proceed to trial.
Over 17 million cars are said to have been affected by a price-fixing scheme run by the named international shipping firms. If the collective action is successful, anyone who bought or leased an affected vehicle will be automatically entitled to compensation. Customers affected include those who bought from Ford, Vauxhall, Volkswagen, Peugeot, BMW, Mercedes-Benz, Nissan, Toyota, Citroen and Renault between October 2006 and September 2015. The claim value is up to £60 per new car bought or leased and class members will be able to claim in respect of more than one vehicle. Anyone who wishes to register their interest can do so here: https://www.cardeliverycharges.com/
The proceedings against Nissan Motor Car Carrier Co. Ltd, Kawasaki Kisen Kaisha Ltd, Nippon Yusen Kabushiki Kaisha, Eukor Car Carriers Inc and Compañía Sudamericana de Vapores S.A. were filed in February 2020, following the European Commission’s decision in 2018 to fine these shipping companies €395 million for fixed prices and rigged bids for roll-on, roll-off (“RoRo”) transport of vehicles.
The claim, estimated to be worth £150 million, seeks to recover damages for individual customers and businesses who overpaid for their car as a result of higher delivery charges. This differs from earlier claims filed in relation to the RoRo cartel that represented car manufacturers.
Scott+Scott is a specialist dispute resolution firm at the forefront of the evolving collective action regime in the UK judicial system. Scott+Scott is working with an experienced barrister team led by Sarah Ford QC of Brick Court Chambers. Woodsford Litigation Funding is funding the collective action.
Mark McLaren said: “The CPO is a crucial step in our case, and we are delighted at the CAT’s decision to authorise our claim to move forward. We look forward to securing compensation for the millions of UK consumers impacted by the cartelists’ illegal behavior”
David Scott of Scott+Scott UK LLP said: “This is an important judgment for class members, but also for the UK collective actions regime as a whole. When granting the collective proceedings order, the Tribunal correctly noted that collective proceedings such as this claim are important for ensuring that wrongdoers like the shipping companies modify their behaviour.”
For additional information or to register interest please visit https://www.cardeliverycharges.com/