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No entitlement to separate experts for cartel co-Defendants

06/06/24

In Stellantis v Autoliv the Court of Appeal yesterday ruled that co-Defendants from different undertakings sued in a cartel damages claim have no entitlement to instruct their own separate economics experts, even if there is a conflict of interest between them.

The Court (the Master of the Rolls, Birss and Arnold LJ) held that the earlier judgment of the Court of Appeal in UK Trucks Claim [2023] EWCA Civ 875 did not establish that the existence of a conflict between two parties would normally preclude the instruction of a single joint expert on behalf of them both.

Whilst the existence of a conflict was potentially relevant to the determination whether separate parties are entitled to their own experts, the question was ultimately one of case-management.

The Court further held that the Competition Appeal Tribunal had in any event been correct to hold that there was no material conflict in the circumstances of the particular case.

The judgment is here.

Sarah Ford KC (instructed by White & Case LLP and Macfarlanes LLP) appeared for the Appellants. David Bailey is also instructed by Macfarlanes LLP in the cartel damages proceedings.

Colin West KC (instructed by Hausfeld & Co. LLP) appeared for the Respondents.