United Kingdom

On behalf of the team

In the proceedings initiated by Ryder against truck manufacturer DAF,[1] the parties seem to have largely reached consensus as regards the access DAF will grant to relevant documentary evidence. The conditions under which DAF will give access are laid down in a draft order submitted to the Competition Appeal Tribunal (CAT). The District Court noted that the document was well prepared, but that various rounds of producing evidence will follow. The court also commented on the degree of access that can be expected; however, the right balance will always have to be found, also in view of the costs associated with the granting of access. A written judgment will follow later.[2] Claimants and defendants in the trucks cases in the Netherlands are currently debating whether the so called Ryder documentation can be disclosed in Dutch proceedings as well.

[1] Case reference is 1291/4/7/18 (T) Ryder Limited and Another v MAN SE and Others.

[2] According to Mlex, ‘DAF and Ryder progress with disclosure issues for UK truck-cartel damages suit’, 13 January 2022.