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On 7 March 2025, the Competition Appeal Tribunal held that the alleged failure of six water and sewage companies to supply accurate information for the statutory regime of price control under the Water Industry Act was an essential ingredient of the proposed class representative’s claim for breach of statutory duty under the Competition Act. Accordingly, the Tribunal concluded that the claims for alleged abuses of dominance in alleged breach of the Chapter II prohibition were excluded by s.18(8) of the Water Industry Act 1991.
Accordingly, subject to any appeal, Professor Caroyln Roberts’ proposed collective proceedings have failed at the certification stage and will not proceed further.
The Tribunal explained that if the claims for abuse of dominance were not so excluded, the Tribunal would have granted CPOs in each set of proceedings.
The Judgment is available here.
Anneliese Blackwood, Daisy Mackersie and Jack Williams represented various of the successful water and sewage companies at the certification hearing (instructed by Freshfields, Herbert Smith Freehills, Slaughter and May, Linklaters, Norton Rose Fulbright and Bryan Cave Leighton Paisner).
Julian Gregory, instructed by RPC, represented Professor Roberts (funded by Benchwalk).
Other Monckton counsel involved in these proceedings include Tim Ward KC, Paul Harris KC, Anneli Howard KC, Antonia Fitzpatrick and Hugh Whelan.