The European truck manufacturers (MAN, Volvo/Renault, Daimler/Mercedes, Iveco, DAF, and Scania) have been found guilty of a serious abuse of EU competition rules – indeed, all but Scania admitted their guilt. Over a 14-year period, the manufacturers at senior manager level fixed prices, agreed the cost that truck purchasers should be charged for emissions technologies (Euro 3, 4, 5, and 6), and delayed the introduction of emissions technologies. For more details, please click here.
We believe that you paid too much for trucks you purchased or leased during the cartel and for a period afterwards and that you are entitled to be compensated for the overcharges imposed by the truck manfuacturers. The European Commission fining decision will prove the manufacturers’ liability before the Competition Appeal Tribunal.
The RHA has only limited information available about the value of the claim at the moment. This is because the cartel operated in secret and only limited details have been published by the European Commission so far. It is therefore difficult to predict the level of potential compensation that might be awarded. The RHA will nevertheless be seeking to recover the difference between the price the trucks should have cost in a competitive market as compared with the cartel prices, as well as any other increases in road haulage operators’ costs – for example in relation to fuel – resulting from the cartel activities.
The RHA’s claim to the Competition Appeal Tribunal says that the overall level of compensation to be awarded is likely to exceed £1 billion.
Any firm, company, or individual who since January 1997 purchased or leased a truck registered in the UK for road haulage operations (both hire and reward and own-account). If you purchased or leased trucks registered in EEA Member States other than the UK, you can join if your company belongs to a group of companies that purchased or leased trucks registered in the UK.
You do not need to be an RHA member to join the claim.
Note that the RHA cannot represent your company belongs to a group of companies that manufactures trucks or if you purchase trucks merely for re-sale or leasing to operators. You can also not join the RHA’s collective claim if you purchased or leased trucks as a consumer (e.g., for transporting horses). For more information, please contact Backhouse Jones on 08450 30 50 30.
While it could take several years for the case to conclude, there will be every opportunity as the RHA presents the case to the truck manufacturers for settlement to be earlier.
The fines imposed in July 2016 and on Scania in September 2017 are the highest fines by far ever imposed by the European Commission for a single violation of competition rules. The manufacturers were party to a cartel from 1997 to 2011, with senior managers involved at HQ level. The manufacturers engaged in various coordinated practices, including:
For more details about the cartel and the European Commission’s findings, please read this document.
The RHA is structuring its claim so that there should be no risk for you or other operators in joining the claim and nothing to pay even if the case is unsuccessful.
The European Commission decisions prove liability before UK courts. To obtain compensation, it will be necessary for the RHA to evidence that the Truck Cartel caused hauliers loss and the amount of loss.