Phillip Evans and RPC secure significant funding for UK consumer class action over fuel prices at motorway services

Phillip Evans, former Inquiry Chair at the Competition and Markets Authority (CMA) and experienced consumer class representative, is working with international law firm RPC to bring a collective claim against UK motorway service area (MSA) fuel providers for abuse of dominance and unlawful excessive and unfair pricing of petrol and diesel.

Phillip Evans and RPC have secured a significant funding facility with a leading litigation funder to support the case. The collective action will be brought in the Competition Appeal Tribunal (CAT) and is understood to be the first large-scale consumer class action in the UK focused specifically on fuel prices at MSAs.

The claim will be brought on behalf of an opt-out class of UK consumers alleging that MSA operators have abused their dominant positions to charge unlawfully excessive prices for petrol and diesel, in breach of the Chapter II prohibition under the Competition Act 1998. It is estimated that consumers have been overcharged by hundreds of millions of pounds.

The claim follows the CMA market study into the supply of road fuel in the UK and its 2023 report and ongoing regulatory scrutiny of road fuel prices. The CMA market study identified that fuel prices at MSAs are significantly higher than at non-motorway petrol filling stations. The report found that on average, petrol at MSAs is 19.8p per litre and diesel 15.1p per litre more expensive than at other sites. The CMA concluded that MSA operators' ability to charge higher prices reflects the weaker competition that they face.  Between March and April 2026, the CMA reported that the average premium was up to 26ppl for petrol and 17ppl for diesel, and from mid-March 2026 to 21 May 2026, MSAs were found to have priced petrol at around 25ppl above supermarkets.

RPC has engaged a team of leading competition counsel, including Aidan Robertson KC of Brick Court Chambers, Fiona Banks of Monckton Chambers and Lucinda Cunningham of Matrix Chambers to work on the claim. Economic Insight has also been retained to provide economic analysis in relation to the claim. RPC's team is led by Partners Chris Ross and Zoë Mernick-Levene, supported by Senior Associate Alexandra Shearer and Associates Harvey Briggs and Chaima Sliti.

Phillip Evans, director of the Proposed Class Representative entity, said: "Most drivers know that feeling in the pit of their stomach after filling up at a motorway service area. They know it is so much more expensive than they ever pay normally; but they may not realise just how much more, or that these prices may be unlawful if they reflect an abuse of market power. This collective action is about testing, before the Tribunal, whether MSA operators have used their position and the lack of effective competition on the motorway to overcharge millions of motorists."

Chris Ross, Partner at RPC, who is leading on the case, added: "There is clear evidence that UK motorists are paying materially more for fuel at motorway service areas than at other petrol stations. Our claim will show that the major MSA operators have abused their dominance by charging unlawfully excessive prices to a largely captive group of consumers. Ultimately, motorists should be able to trust that they are not being overcharged simply because they have little choice about where to fill up."