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Landmark º£½ÇÊÓÆµ trial begins over allegations of car delivery overcharges by major shipping firms

The trial of the first follow-on cartel class action to go to trial in the º£½ÇÊÓÆµ is scheduled to commence today, with allegations that major shipping companies overcharged British consumers for car deliveries

Cars ready to be loaded for export (Image: Nissan)

The inaugural follow-on cartel class action trial in Britain is commencing today amidst claims that major maritime transport operators excessively charged º£½ÇÊÓÆµ consumers for automobile deliveries.

The class-action suit was initiated in 2020 against some of the largest global shipping corporations—MOL, "K" Line, NYK, WWL/Eº£½ÇÊÓÆµOR, and CSAV—accusing them of surcharging British customers and companies, as reported by .

Stemming from a European Commission verdict in February 2018, it found that these five shippers breached EU competition law, resulting in fines surpassing €395m. It's asserted that upwards of 17 million purchased or leased cars and vans in the º£½ÇÊÓÆµ have been affected by alleged collusion and price-fixing orchestrated by these international carriers.

Individuals and businesses who acquired new vehicles from prominent manufacturers like Ford, Vauxhall, Volkswagen, Peugeot, BMW, Mercedes-Benz, Nissan, Toyota, Citroen, and Renault from October 2006 through September 2015 are believed to be impacted. Recent developments saw a landmark deal with Kawasaki Kisen Kaisha and other defendants, Wallenius Wilhelmsen, settling for £38m.

Additionally, in December 2023, this case became notable as the first instance of the Tribunal sanctioning a competitive class action settlement, with the CSAV defendants agreeing to pay £1.5m.

The trial, commencing today, continues against two defendant shipping companies, MOL and NYK, who are alleged by the claimants to represent 47.7 per cent of the cartel. The claim against the remaining defendants is estimated by the claimants to be worth around £100m.

Former Which? executive Mark McLaren is serving as the class representative in this case on behalf of law firm Scott+Scott, with Woodsford financing the case. The two remaining defendant parties, MOL is being defended by Arnold & Porter, and Nippon Yusen Kabushiki Kaisha is being defended by Steptoe International.

The trial is set to run for nine weeks at the Competition Appeal Tribunal. Commenting on the case, lead partner at Scott+Scott, Belinda Hollway stated: "This trial marks a very significant milestone in the case and is the culmination of five years of hard work and dedication."