Tuesday 14th December 2021
The three Defendants (NTN) seek permission to appeal, with appeal to follow if granted, in respect of two decisions made by the Competition Appeal Tribunal (CAT), following the transfer of the claim to the CAT from the Commercial Court.
The CAT’s order set out in paragraph 35 of its 18 June 2021 judgment, declining to give NTN permission to file Voluntary Particulars and striking out an amendment to paragraph 41 (c) of the Amended Defence to the extent it relates to a new plea of mitigation through the reduction of other costs
The First, Second. Fourth, Fifth, Sixth and Seventh Claimants (FCA) are motor vehicle manufacturers. The Defendants (NTN) produce bearings used in automotive applications which they supplied to FCA and other manufacturers.
FCA sue NTN on the basis of the European Commission’s finding that NTN and other bearing manufacturers were involved in a cartel between 2004 and 2011 and infringed Article 101 (1) of the Treaty of the Functioning of the European Union (TFEU) ( Case COMP 39922 Automotive Bearings).
FCA sue NTN for breach of statutory duty claiming 52million in damages and 26million in interest. FCA allege they were overcharged for the bearings supplied to FCA by NTN.
NTN deny overcharging or in the alternative contend that FCA mitigated any loss.
Lower Court Judgments: