On 19 July 2016 the European Commission imposed the largest fine ever on European truck manufacturers. The manufacturers were part of a cartel. This is the case for the manufacturers MAN, Volvo/Renault, Daimler, Iveco and DAF.
They have kept their prices artificially high. On them a combined fine of 2.9 billion euros was imposed [Press release EU]. Scania is being examined by the EU as well, but this procedure is pending. Unlike the other 5 manufacturers, Scania has not admitted to any participation in the cartel.
The cartel made the illegal price agreements in the period 1997 to 2011. The agreements were made for medium trucks (6 – 16 tonnes) and heavy trucks (over 16 tonnes). Because of the huge size of the cartel, 9 out of 10 medium and heavy trucks produced in Europe are covered by these price agreements. The European Commissioner for Competition, Margrethe Vestager, has indicated that the record fine is sending a clear message that the formation of cartels within Europe is unacceptable.
In addition to price agreements, the cartel also made agreements on when they would introduce emission reduction technology. This technology was to be introduced due to increasing (stricter) requirements within the EU. Furthermore, the cartel agreed that the costs for the emission technology would be passed on to the truck buyers.
Because of the cartel agreements, thousands of transport companies may be affected negatively as they have paid too much for their trucks. This also affects leased trucks. The damage suffered by truck buyers is the difference between the price paid and the hypothetical price the truck would have cost without the cartel.
On behalf of several of its Automotive clients, the trade association LVH Automotive of law firm Leeman Verheijden Huntjens is currently preparing a claim for damages against the truck cartel. If you as an entrepreneur are also interested in recovering your damages from the truck manufacturers, please contact our office.
