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RHA Clears First Hurdle in Cartel Claim
The RHA has satisfied the competition appeal tribunal (CAT) that it can act as class representative for over 11,000 operators who were overcharged for their trucks as a result of a cartel engaged in by manufacturers.
Law firm Backhouse Jones, which is acting as lead law firm to the RHA, said the CAT’s judgment pointed to a “desire to release a collective proceedings case out of the starting blocks” and it paved the way for the claim to be heard next year.
The defendant truck manufacturers attempted to challenge the authorisation of the trade association as class representative, but the tribunal rejected the arguments and “resoundingly found in favour of the RHA” according to Backhouse Jones.
The second part of the RHA’s application has been delayed pending an appeal in the Supreme Court in another collective proceedings case, which is testing the standards applied to a collective proceedings order in a major competition claim.
Steven Meyerhoff, Backhouse Jones director said: “The RHA has now been successful in the first part of its application for a CPO.
“The second part of the application, which involves confirming that the claims are eligible to be brought in collective proceedings – this is the certification part – will be argued before the tribunal at some stage during the second half of 2020.”