United Kingdom

On behalf of the team

On 26 July 2021, the CAT ruled that cartelist NTN may not appeal the Tribunal’s decision of 18 June 2021[1] in which the Tribunal disregarded some of NTN’s defences regarding mitigating circumstances for the claimants by reducing other costs.[2] NTN was fined by the European Commission (EC) in 2014 for its participation in the ball bearing cartel.[3] Ball bearings are used to attach the wheel axle to a vehicle or to attach the wheel to the axle. In response to the EC’s fining decision, Fiat Chrysler Automotives (FCA) initiated proceedings in which it wants to claim its loss from NTN. The CAT ruled that the appeal that NTN wanted to lodge against the decision of 18 June 2021 does not have a “real prospect of success” and is therefore not allowed.

[1] CAT 18 June 2021, [2021] CAT 14, Case No 1357/4/7/20 (T).

[2] CAT 26 July 2021, [2021] CAT 25, Case No 1357/5/7/20 (T).

[3] European Commission decision of 19 March 2014, Case Comp/39922 (Bearings).