Why should my business claim?

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.

How much is my business owed?

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.

What can my business claim for?

  • All brands of truck, including DAF, Daimler/Mercedes, Iveco, MAN, Renault, Scania, and Volvo
  • Trucks purchased (either outright or on finance) between 1997 and 2011
  • Trucks leased between 1997 and 2011
  • Trucks of 6 tonnes and over
  • Brand new trucks and second-hand trucks
  • Possibly for trucks purchased or leased after 2011 – the RHA will advise further in due course
  • Possibly for trucks below 6 tonnes – the RHA will advise further in due course

Who can join the RHA’s group claim?

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.

What are the benefits of joining the RHA’s claim?

There are real benefits in joining the RHA’s group claim, including:

  • The RHA is highly respected within industry – its significant clout and power may help to reach settlement
  • Claimants can “stand behind” the RHA which is fronting the legal case
  • The RHA is acutely aware that operators will continue to have business dealings with truck manufacturers after the claim and will conduct proceedings in a measured and constructive manner
  • Operators (many of which are SMEs) cannot afford to take action on their own
  • The RHA has secured third-party litigation funding on very competitive terms and so there is no cost to operators in signing up
  • The RHA has appointed a first-rate legal team who have worked for organisations such as FIA, FIFA, Google, GSK, Samsung, Sky, and UEFA
  • The RHA has put in place multi-million pound insurance in case the claim is lost – the insurance protects the RHA and the individual operators
  • The RHA will not profit from acting as representative, maximising compensation returned to operators

How long will the case take?

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.

EU truck manufacturers fined €2.926 billion

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:

  • Aligning their gross list prices at the start of the cartel
  • Increasing gross (and sometimes net) list prices
  • Agreeing the cost that truck purchasers should be charged for emissions technologies (Euro 3, 4, 5, and 6)
  • Delaying the introduction of the emissions technologies

For more details about the cartel and the European Commission’s findings, please read this document.

No cost or risk to you even if case unsuccessful

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 fined the companies as follows:

  • Daimler/Mercedes – €1 billion
  • DAF – €752 million
  • Volvo/Renault – €670 million
  • Iveco – €495 million
  • MAN – fine of €1.2 billion reduced to zero as immunity applicant

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.