On 7 February 2023, the Competition Appeal Tribunal (CAT) rendered a judgment in the cartel damages cases started by Royal Mail Group Ltd and BT Group PLC against DAF Trucks Limited and other truck manufacturers following the decision of the Commission concerning the trucks cartel.[1] This is the first final judgment in a damages proceeding relating to the trucks cartel in which the CAT awards a specific percentage and an amount of damages. The claimants argued on the basis of economic theory that the overcharge was an estimated 10%, the defendants argued that there was no overcharge at all.  The CAT concluded that the overcharge for which DAF is liable is assessed at 5% for both claimants on their value of commerce over the whole of the relevant period, being damages of approximately EUR 30 million. DAF’s mitigation defences on passing on the damages, all failed. BT Group is also entitled to simple interest on its damages award of the base rate plus 2%. On 16 May 2023 and in a separate decision, the CAT allowed DAF to  appeal  this decision.[2]

[1] CAT 7 February 2023, [2023] CAT 6 (Royal Mail and BT Group / DAF et al).

[2] CAT 16 May 2023, [2023] CAT 31 (Royal Mail and BT Group / DAF et al).