BULK MAIL CLAIM

The Competition Appeal Tribunal (“Tribunal”) has authorised Bulk Mail Claim Limited to bring its claim against International Distribution Services Plc (formerly Royal Mail Plc) on behalf of persons who have suffered losses caused by Royal Mail’s unlawful conduct in relation to the supply of bulk mail delivery services (the “Claim”).

Bulk Mail Claim Limited will act as the class representative in the Claim. The Claim is based on Ofcom’s 14 August 2018 decision titled “Discriminatory pricing in relation to the supply of bulk mail delivery services in the UK” (“Ofcom Decision”). The Ofcom Decision concluded that Royal Mail abused its dominant position in the UK market for bulk mail delivery services by attempting to introduce discriminatory prices contrary to both EU and UK competition law.

If a business, charity or public body is domiciled in the UK and falls within the class definition, it will automatically be included in the Claim, unless it chooses to opt-out. The Claim does not include dissolved companies. If a party is not domiciled in the UK, and wishes to participate in the Claim, then it will have the opportunity to opt-in to the Claim.

It is not possible to claim compensation yet, and there is no guarantee that compensation will be available in the future. This Claim will have to be proved at trial or concluded by way of a settlement agreed between the class representative and Royal Mail.

Parties may have important legal rights relating to the Claim. Exercising these rights could affect a party’s ability to obtain a payment of compensation in the future (if the case is won or a settlement is reached and money becomes available). This section of the website explains the Claim, who is covered by the Claim, a party’s rights in relation to the Claim, how to exercise these rights and any related deadlines.

To read the Tribunal's full Collective Proceedings Order and judgment, which allows the Claim to proceed, visit Documents or www.catribunal.org.uk.

The Claim against Royal Mail “follows on” from the Ofcom Decision referred to above.

The Ofcom Decision concluded that Royal Mail abused its dominant position in the market for bulk mail delivery services in the UK by attempting to introduce discriminatory prices via “Contract Change Notices” on 10 January 2014, contrary to both EU and UK competition law (“the Infringement”). The discriminatory prices penalised any party that sought to roll out bulk mail delivery services that were in competition with Royal Mail.

The Claim alleges that the Infringement:

1. prevented competition for bulk mail delivery services; and
2. led to higher prices for end-customers of “Bulk Mail Retail Services".

What Royal Mail is alleged to have done wrong is explained further in the FAQs page. The purpose of the Claim is to secure compensation for losses suffered by class members as a result of the Infringement. The Claim is currently estimated to be worth at least £1bn.

Click here to learn more about the Claim and Ofcom’s findings, or click here to find out whether you may be part of the class of claimants who will represented in the Claim. Click here to access important claim documents and a copy of Ofcom’s decision. More information about the Claim can be found on the Competition Appeal Tribunal’s website here.