The first procedural hearing

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The first procedural hearing (known as a case management conference or CMC) took place in the Competition Appeal Tribunal on 26 June 2023 to decide the next steps in the case. 

Before a collective action can proceed, the Competition Appeal Tribunal must certify the claims as eligible to be included in collective proceedings and that the class representative (in this case Ms Spottiswoode) is suitable to represent the class.  At the CMC, the Tribunal set down a timetable for the next steps in the case, leading up to a certification hearing in March 2024.

It was a joint CMC with the London Array proceedings (Case 1518/5/7/22 London Array Limited & Others v Nexans France SAS & Others, linked here), a claim by an offshore windfarm operator which argues that the increased prices for power cables as a result of the cartel were paid by the windfarm operator and not passed on to consumers as part of their electricity bills, as Ms Spottiswoode believes.  The Tribunal considered the extent to which the claims overlapped and decided that there was no need for the claims to be jointly case managed at this stage.

06 July 2023

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