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Claim for damages against a truck manufacturers’ cartel

dinsdag 26 juli 2016

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 lawyers r Michelle Reevers.

Michelle Reevers

aviation, commercial contracts, business and shareholders

+31 (0)10 209 27 75
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Michelle Reevers
Hans Rijntjes

litigation, rental (contract and eviction), collection, business and shareholders

+31 (0)10 209 27 55 rijntjes@lvh-advocaten.nl
Peter Verheijden

commercial cooperations, mergers and acquisitions, employment law and employer representation 

+31 (0)10 209 27 75 verheijden@lvh-advocaten.nl
Bouwe Bos

litigation

+31 (0)10 209 27 63 bos@lvh-advocaten.nl

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Bouwe Bos

litigation

+31 (0)10 209 27 63 bos@lvh-advocaten.nl
Madelon van Breemen

International business to business contracting

+31 (0)10 209 27 65 vanbreemen@lvh-advocaten.nl
Daniël van Genderen

litigation, tender, business and government

+31(0)10 206 17 81 vangenderen@lvh-advocaten.nl
Peter de Graaf

insolvencies and reorganisation

+31 (0)10 209 27 52 degraaf@lvh-advocaten.nl
Yvonne Jansen

rental (contract and eviction), business and shareholders, property

+31 (0)10 209 27 75 jansen@lvh-advocaten.nl
David Harreman

Enterprise and government, Enterprise and shareholders, National and International Tax Law

+31 (0)10 209 27 77 harreman@lvh-advocaten.nl
Lisa Kloot

employment Law and employer representation

+31(0)10 209 27 61 kloot@lvh-advocaten.nl
Ben van Nieuwaal

business and government

+31 (0)10 206 17 81 vannieuwaal@lvh-advocaten.nl
Michelle Reevers

aviation, commercial contracts, business and shareholders

+31 (0)10 209 27 75 reevers@lvh-advocaten.nl
Hans Rijntjes

litigation, rental (contract and eviction), collection, business and shareholders

+31 (0)10 209 27 55 rijntjes@lvh-advocaten.nl
Rob Steenhoek

insolvencies and reorganisation, business and shareholders

+31 (0)10 209 27 52 steenhoek@lvh-advocaten.nl
Peter Verheijden

commercial cooperations, mergers and acquisitions, employment law and employer representation 

+31 (0)10 209 27 75 verheijden@lvh-advocaten.nl
Justin de Vries

insolvencies and reorganisation, business and shareholders

+31 (0)10 209 27 52 devries@lvh-advocaten.nl