BULK MAIL CLAIM

This website has been created to inform potential class members about a proposed collective action against International Distribution Services Plc (formerly Royal Mail Plc) (“Royal Mail”) that has been filed with the Competition Appeal Tribunal by Bulk Mail Claim Limited.

Bulk Mail Claim Limited proposes to act as the class representative, on behalf of persons who it is alleged have suffered losses due to Royal Mail’s unlawful conduct in relation to the supply of bulk mail delivery services in the UK. The proposed claim seeks to recover damages on behalf of persons (including companies, LLPs, public bodies and charities) affected by Royal Mail’s unlawful conduct.

This website will be updated regularly throughout the claim.

The proposed claim against Royal Mail arises out of Ofcom’s 14 August 2018 decision titled “Discriminatory pricing in relation to the supply of bulk mail delivery services in the UK”.

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 Proposed Claim alleges that the Infringement:

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

The purpose of the Proposed Claim is to secure compensation for losses suffered by proposed class members who were overcharged for bulk mail delivery services as a result of the Infringement. In particular, it will be argued that end-customers have paid more for Bulk Mail Retail Services as a result of the Royal Mail’s unlawful conduct.

If you or your business, charity or other body based in the UK purchased or paid for Bulk Mail Retail Services in the UK at any time during the period 10 January 2014 to at least 7 June 2022, you may be eligible to participate in the claim and benefit from any future award of damages. Register your interest here.

The proposed claim is against International Distribution Services Plc (formerly Royal Mail Plc) (“Royal Mail”).

This claim relies on the Ofcom decision and alleges that businesses, charities or other bodies who purchased or paid for Bulk Mail Retail Services at any time in the UK during the period 10 January 2014 to at least 7 June 2022 suffered losses as a result of this misconduct.

For more information, please take a look at the Ofcom’s decision which can be accessed here.

The claim is being brought in the UK’s Competition Appeal Tribunal. It is a specialist court based in London which hears and decides cases involving competition or economic regulatory issues. It publishes its Rules and Guidance, together with information about what it does, on its website.

Collective actions (or ‘collective proceedings’) in respect of a breach of competition law involve a claim being brought by a class representative on behalf of a group of persons who are alleged to have suffered loss as a result that breach of competition law. The group is known as a “class” and all those within the group are “class members.” Such proceedings can be ‘opt-in’ (where each potential class member must sign up in order to be part of the claim) or ‘opt-out’ (where each person that falls within the class or classes is automatically included in the proceedings unless they actively choose to opt out).

A person wishing to bring collective proceedings as a class representative must first obtain permission from the Competition Appeal Tribunal for the claim to proceed. This is known as obtaining a Collective Proceedings Order (CPO). The Competition Appeal Tribunal will decide whether to grant a CPO by considering whether: (a) the class representative is suitable to bring the claim; and (b) the claims are eligible to be included in collective proceedings.

Bulk Mail Claim Limited is bringing an application for a CPO. It seeks to obtain the permission of the Tribunal to bring proceedings on behalf of persons who it is alleged have suffered losses due to Royal Mail’s unlawful conduct in relation to the supply of bulk mail delivery services in the UK.

This claim is brought on an opt-out basis for individuals and entities domiciled in the UK. Therefore, if you or your business is domiciled in the UK and falls within the class definition, you will automatically be included in Bulk Mail Claim Limited’s proposed collective action and will be bound by any judgment or settlement, unless you choose to opt out.

If you or your business are not resident or domiciled in the UK, and you wish to participate in Bulk Mail Claim Limited’s proposed collective action, you will need to opt in to the claim. Opt-in registration will be open at a later date but please register your interest to receive more information and we will keep you informed of when you can opt in, and the process to be followed.

An application has been made to the Competition Appeal Tribunal for a collective proceedings order (CPO). Before making a CPO, the Tribunal will hold a “CPO hearing” to decide whether to give permission for the claim to proceed as a collective action, and whether the class representative is suitable to bring the claim.

The location of the CPO hearing will be: Competition Appeal Tribunal, Salisbury Square House, 8 Salisbury Square, London, EC4Y 8AP.

If the claim is authorised by the Tribunal, a timeline for the litigation will be set down.

Please check this website for any further updates and in particular to see whether the claim has been given permission to proceed.

Bulk Mail Claim Limited is the proposed class representative.

Bulk Mail Claim Limited was incorporated for the purpose of acting as the proposed class representative in these proceedings. The proposed class representative’s duty is to act fairly and adequately in the interests of all members.

Mr Robin Aaronson is the sole director and sole member of Bulk Mail Claim Limited.

As the sole director and member of Bulk Mail Claim Limited, Mr Aaronson will have oversight of the Proposed Claim and will make decisions on behalf of the company.

Over the course of his career, Mr Aaronson has held senior roles (including in public bodies) in which he has promoted competitive markets and tackled anti-competitive conduct. In particular:

• in 2000, Mr Aaronson was appointed by the Secretary of State for Trade and Industry as a member of the Postal Services Commission (Postcomm, the regulator of the postal industry at that time), initially for a term of five years. In 2005, his term was extended by a further 18 months; and
• from 2009 to 2017, Mr Aaronson served as a Member of the Competition Commission (later the Competition and Markets Authority).

In these roles, Mr Aaronson was deeply involved in regulating and remedying market structures and conduct which prevented, restricted or distorted competition.

The Tribunal will assess Bulk Mail Claim Limited’s suitability to act as the proposed class representative as part of the CPO hearing which will be held in due course.

Bulk Mail Claim Limited has instructed Lewis Silkin LLP, a leading law firm with a wealth of expertise in litigation. Bulk Mail Claim Limited has also instructed an experienced team of specialist competition law barristers at Monckton Chambers.

Bulk Mail Claim Limited has also instructed an expert competition economist. The expert will be responsible for providing evidence in relation to the losses that have been caused by Royal Mail’s unlawful behaviour.

The costs of bringing the claim are being funded by a highly experienced commercial litigation funder who is a member of the Association of Litigation Funders of England and Wales and abides by its Code of Conduct.

If approved by the Competition Appeal Tribunal to act as the class representative Bulk Mail Claim Limited, acting through Mr Aaronson, will conduct the claim against Royal Mail on behalf of all class members, except for those who choose to opt-out.

During the proceedings, Bulk Mail Claim Limited will be responsible for communicating with the class and for issuing formal notices. Communication will occur via updates and announcements on this website, email correspondence, and written notices. If you would like to be kept up to date on developments in the claim, please register your interest here.

The Competition Appeal Tribunal will decide whether to grant a Collective Proceedings Order by considering if: (a) Bulk Mail Claim Limited is a suitable class representative to bring the claim; and (b) the claims are eligible for inclusion in collective proceedings.

The question as to whether the claims are eligible to be brought as collective proceedings will be decided on the basis of whether the claims sought to be included: (i) are brought on behalf of an identifiable class of persons; (ii) raise common issues; and (iii) are suitable to be brought in collective proceedings.

The full proposed class definition can be found here and should be read carefully. To summarise, the class will encompass businesses, charities or other bodies who purchased or paid for bulk mail services (such as collection/sortation/delivery of bulk mail) in the UK at any time during period 10 January 2014 to at least 7 June 2022.

It is important to note that certain persons (known as “Excluded Persons”) do not fall within the claim. For further details, please see the full class definition here.

If you or your business are domiciled in the UK and fall within the class, you will automatically be included in the proposed collective action and will be bound by any judgment or settlement, unless you choose to opt out. If you or your business are not domiciled in the UK and you wish to participate in the collective action, then you will have the opportunity to opt in to the claim. Further details are provided at Question 7.

If your business is not domiciled in the UK, you may participate in the claim if you meet the requirements in the class definition but you must opt in. If you fall into this category, you can register your interest here and we will send you details of how to opt in formally in due course.

If you are in this category and do not opt in, you will not be eligible to claim a share of any compensation that might be recovered in this collective action.

If you or your business is domiciled in the UK, then you are automatically included in the class and will be included in the claim if it is authorised to proceed. At this point you do not need to do anything, but you are encouraged to register your interest on this webpage. Registering your interest will allow you to remain informed about case developments.

If you or your business are not domiciled in the UK and you wish to participate in the collective action, then you will have the opportunity to opt in to the claim. Full details of how to opt in to the collective action will be posted on this website in the event that the Competition Appeal Tribunal approves the claim to proceed. You can register your details here to be kept up to date with further developments in the proceedings.

If the claim is successful, you will be entitled to your share of any damages, whether awarded at trial or if the Competition Appeal Tribunal approves a settlement between the class representative and Royal Mail.

Unlike pursuing individual litigation, there is no cost to you and no risk that you will be liable to pay Royal Mail’s costs in the event the claim is unsuccessful.

There is no guarantee that any money will be received as, even if Bulk Mail Claim Limited’s claim is permitted to proceed, it will still need to prove its case at trial (unless a settlement is reached beforehand).

In the event the claim is successful and damages are awarded, or a settlement is agreed with Royal Mail, the damages or settlement sum will be divided between the members of the class. The amount that each member receives may depend upon the volume of bulk mail services that it purchased. We recommend that you keep all records of bulk mail purchases during period 10 January 2014 to at least 7 June 2022, as this information may be needed as part of claiming your share of any damages or settlement sum.

Nothing.

Class members domiciled in the UK do not need to do anything in order to be included in the claim (see FAQ 14 above). However, if the claim is successful, class members will need to provide certain information in order to receive their compensation. We will update this website and make it publicly known if and how we require this information from class members.

If you would like further information about the legal process or how to claim if the case is successful, please click here to register and we will keep you up to date with what is happening. However, you do not need to register in order to be eligible for compensation

Register your interest to receive updates and any future notices via email. This website will also be updated with further information as the claim progresses.

We intend to keep the identities of those who register their interest confidential and they will only be shared with the class representative and those it has instructed, including its legal team and expert advisors, as is necessary to pursue the claim. In addition, it may be necessary to share the numbers of persons that have registered their interest, and their location(s), with the Competition Appeal Tribunal as part of the application for a Collective Proceedings Order.

In the unlikely event that you register and the Competition Appeal Tribunal orders the identities of those who register their interest to be disclosed to Royal Mail, we will endeavour to contact you to give you an opportunity to de-register before such disclosure is made.

Any person with an interest (including any member of the proposed class) may object to:

1. the application for a CPO, or
2. the authorisation of the Proposed Class Representative Bulk Mail Claim Limited,

by stating their reasons for objecting in writing to the Tribunal.

Any member of the proposed class may also apply to the Tribunal for permission to make written and/or oral submissions at the CPO hearing.

Further details of how to object in writing or make written and/or oral submissions at the CPO hearing will be provided in due course following further directions by the Tribunal.

Bulk Mail Claim Limited, the proposed class representative, is working with a specialist litigation funder to bring the claim and has obtained funding of £10 million. In addition, Bulk Mail Claim Limited has put in after the event (ATE) insurance to cover its liability to pay Royal Mail’s costs if the claim is unsuccessful.

Therefore, joining the claim costs nothing. All costs will be met by Bulk Mail Claim Limited’s funding and ATE insurance arrangements.