Cornerstone Research Connects: The CAT Judgment in Trucks

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Liam Colley and Anca Cojoc of Cornerstone Research and Helen Davies KC of Brick Court Chambers discuss the Competition Appeal Tribunal’s (CAT’s) treatment of the economic evidence in Trucks, with a focus on issues related to plausibility, empirical analysis of overcharge, and pass-on.

Royal Mail and BT v DAF Trucks Limited is the first case in the UK to deal with damages arising from the 14-year trucks cartel and only the second cartel damages case to reach judgment in the UK.

Mr Colley and Dr Cojoc join Helen Davies KC, a barrister at Brick Court Chambers, to discuss key takeaways from the recent seminal judgment in this matter.

Highlights from their wide-ranging conversation include:

  • The unexpected debate over plausibility, with respect to the relationship between list and transaction prices
  • The importance of econometrics in assessing the empirical evidence, notably the challenge of disentangling the cartel effect from other events happening simultaneously
  • Opposing arguments for how the regulatory process would—or would not—facilitate pass-on of overcharge into retail prices

The views expressed herein do not necessarily represent the views of Cornerstone Research.

Speakers

  • London

Liam Colley

Senior Vice President

  • London

Anca Cojoc

Principal

Additional Speaker

Headshot of Helen Davies KC Helen Davies KC
Brick Court Chambers