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On 30 April 2024, the Competition Appeal Tribunal approved a settlement for rail passengers in the ‘Boundary Fares’ collective proceedings against Stagecoach South Western Trains. The collective settlement marks the first time that consumers stand to receive compensation under the collective proceedings regime since it was introduced in 2015.
In the proceedings, Mr Gutmann, the Class Representative, alleged that Stagecoach had abused a dominant position by failing to make Boundary Fares sufficiently available, or to use its best endeavours to ensure a general awareness among customers of Boundary Fares. Boundary Fares are a type of extension ticket for use in conjunction with a TfL Travelcard. Stagecoach denies liability.
In an oral ruling, the Tribunal held that the proposed settlement, as revised over the course of the hearing, is just and reasonable. A written ruling is expected to follow.
The proceedings against London & South Eastern Railway, Govia Thameslink Railway Limited and First MTR South Western Trains continue, with a trial on the alleged abuse due to start in June 2024.
Philip Moser KC, Stefan Kuppen and Alexandra Littlewood (instructed by Charles Lyndon Ltd) represented Mr Gutmann.
James Bourke (instructed by Slaughter and May) represented First MTR.