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ARTICLE · 14 JULY 2024

Stellantis Auto SAS & Ors v Autoliv AB & Ors

Fenwick Elliott LLP
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The Competition Appeal Tribunal mandated a single joint expert for economic evidence in a complex case involving multiple defendants, emphasizing the principles of just and proportionate case management. The Court of Appeal upheld this decision, noting that single joint experts are not limited to low-value or uncontroversial cases.

United KingdomAntitrust/Competition Law
Jeremy Glover
Jeremy Glover
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[2024] EWCA Civ 609

This was a case where the Competition Appeal Tribunal ("CAT") ruled that the defendants' economic expert evidence should be given by a single expert shared between the three (now two) groups of defendants involved. The CA rejected an appeal against that ruling on the grounds that there was a conflict of interest between the defendant groups.

Even though the single joint expert ("SJE") is rarely used in construction cases, often because experts are instructed at an early stage of any dispute, the case is interesting for the comments made by the CA about the principles applying to the use of the SJE.

The parties both proceeded on the basis that there was no relevant difference between the principles applicable to expert evidence in the CAT and the civil courts of England and Wales under the CPR. SJEs can be instructed by both sides or, as here, an SJE can be instructed by distinct groups of defendants. Birss LJ considered that a court

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