Jonathan Stevens
Partner, Head of Dispute Resolution

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Damages claims: EC Truck Cartel

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Jonathan Stevens
Partner, Head of Dispute Resolution

jonathan.stevens@asb-law.com

Damages claims: EC Truck Cartel

If you have purchased medium or heavy trucks from MAN, Volvo/Renault, Daimler, Iveco, DAF or Scania between 1997 and 2011, it is highly likely that you may have suffered loss as a result of cartel activity by these manufacturers. 

asb law truck cartel claims

 

The cartel decision

In July 2016, five of the biggest truck manufacturers were fined €2.93bn by the European Commission for engaging in a price fixing cartel.

 

The key findings were that MAN, Volvo/Renault, Daimler, Iveco and DAF broke anti-trust rules by engaging in a cartel by price-fixing and passing on costs of implementing emissions technologies. In September 2017, Swedish truck maker, Scania, was also found to have been part of the cartel.

 

Actions for damages

Any business which made purchases of medium or large trucks from these manufacturers in this period is likely to have made significant losses because of the cartel. Businesses can now bring damages claims for the losses suffered. These claims are very difficult for manufacturers to defend because the EC findings are binding proof that the cartel existed and the truck manufacturers have themselves admitted the breach. The EU Antitrust Damages Directive also simplifies the process for bringing a claim.

 

Who is affected?

The price-fixing took place over a 14-year period (between 1997 and 2011) and relates to medium (6 to 16 tons) and heavy (over 16 tons) trucks.

Anyone who bought or leased medium and heavy trucks during this period is entitled to bring a claim for losses suffered. These losses are likely to be in the region of 10-25% of the truck purchase price.

How can your business bring a claim?

If you think your business may be eligible to make a claim, the first step is to appoint legal advisers to help you assess the best option open to you.

asb law LLP is recommended by the Freight Transport Association (FTA) to represent its members in making a claim. We are already acting for FTA members, including large household names, and are committed to making sure that claims, whether large or small, are pursued as efficiently and cost-effectively as possible. 

Each case is assessed with you at the outset to find out what the best course is for your business. We’ll discuss all funding options available and help you to identify the most suitable funding model for you.

Funding options include: 

  • independently funded terms (similar to no-win-no-fee – where a third party funder pays your legal fees and gets paid out of your damages
  • various types of no-win-low-fee agreement
  • conventional hourly fee arrangements and fixed fees.

What next?

Please contact our team for advice - truckclaims@asb-law.com 

 

Read more - download a factsheet (PDF)