The European truck manufacturers (MAN, Volvo/Renault, Daimler/Mercedes, Iveco and DAF) have admitted that they were guilty of a serious abuse of EU competition rules. 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.
Broadly speaking, you are entitled to claim for the difference between what you paid for your trucks and what you would have paid if the Truck Cartel had not existed. Based on current conservative estimates, we think that you may be entitled to at least £6,000 (including interest) on average in relation to each truck you purchased or leased. Since the truck manufacturers also jointly delayed the introduction of more fuel-efficient emissions technologies, you may also be able to claim for increased fuel costs.
The RHA is developing its case and working with expert economists to obtain a clearer picture of the level of compensation you are owed.
Any firm, company, or individual who purchased a truck between January 1997 and January 2011 (as well as for a certain period after January 2011 until prices returned to normal competitive levels). You do not need to be an RHA member to join the claim.
Note that the RHA may not be able to represent you if you purchase trucks merely for re-sale or for leasing to operators. 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 fine last July was the highest fine by far ever imposed by the European Commission. 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 decision proves 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.
Scania decided not to settle the case with the European Commission and so proceedings are continuing against Scania. We nevertheless believe that it will be possible to claim for Scania trucks from the outset.