September date set for CAT class action hearings

The Competition Appeal Tribunal (CAT) will hear the case for class actions against six water companies for competition law breaches relating to pollution misreporting in the autumn.

Following a preliminary hearing in March, the CAT will hear the applications for Collective Proceedings Orders (CPOs) brought by Professor Carolyn Roberts for up to five days from 23 September, with additional time set aside in the new year (five days from 13 January) should this be needed.

The CAT will manage the six cases together at this stage, and if the CPOs are granted, Roberts will act as class representative and progress the claims to full trial.

Roberts alleges Severn Trent, United Utilities, Yorkshire Water, Northumbrian Water, Anglian Water and Thames Water have breached UK competition law by misleading Ofwat and the Environment Agency by misreporting the number of pollution incidents on their sewerage networks. She argues that as a result, household customers have paid, and continue to pay, higher water bills for the provision of sewerage services than they would have if the six firms had reported pollution incidents accurately.

Should the claims prove successful, the companies may be required to pay customer compensation.