Class Action Litigation
Trucks Cartel
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Contact Zahira Hussain
020 7691 4000
zahira.hussain@edwincoe.com
Edwin Coe, London’s leading class action firm, takes on truck manufacturers for claimants seeking damages from those who entered into a price fixing cartel. Five truck manufacturers, MAN, Volvo/Renault, Daimler, Iveco and DAF, have admitted to the European Commission that they participated in a price fixing cartel against purchasers of their trucks from 1997 until 2011. There has also been a finding against a sixth manufacturer, Scania, by the European Commission.
Edwin Coe first issued a claim on behalf of clients in the High Court in 2018. The firm recently issued two more claims in the High Court on behalf of further clients in November 2020. Edwin Coe acts for over 125 clients, belonging to a variety of different industries and sectors.
The team dealing with the claims is considering making further claims on behalf of clients. If you or your business bought, leased or outsourced trucks weighing 6 tonnes or more, here or in Europe, between 1997 and 2011 (the cartel period), you will have a claim.
Edwin Coe has funding in place, which means you can pursue your claim without cost or risk, subject to assessment of the claim. If you or your business bought or leased 50 or more new trucks between 1997 and 2012, please get in touch as soon as possible.
European Commission’s findings
The European Commission has found that the six companies, which together account for around nine out of every 10 medium and heavy trucks produced in Europe, colluded for some 14 years on truck pricing, and on the passing on of compliance costs with strict emission rules. The investigation related specifically to the market for trucks weighing 6 tonnes or more. The Commission’s investigation found that the various companies coordinated prices, the timing of the introduction of emission technologies, as well as the passing on to customers of the cost of the emission technologies. Five of the six cartelists have admitted their involvement.
Any companies which purchased, leased or used in their business medium and/or heavy trucks during the infringement period (1997 – 2011), or shortly thereafter, will have a claim for damages and interest.
Nature of the claim
Companies could have a claim in damages in relation to the difference between the higher price that was paid by them as a result of the cartel, and the purchase price of trucks that would have been payable, had there been no cartel. It is estimated that some 10 million trucks were sold across the EU during this period and that each one may have been overpriced by up to £10,000.
Below you will find a link to the European Commission’s press release from July 2016 confirming the conclusion of the investigation.
http://europa.eu/rapid/press-release_IP-16-2582_en.htm
Although this is a claim brought about by the results of a European Commission investigation, your case will not be affected by Brexit.
If you or your business used trucks weighing six tonnes or more (whether bought, leased or outsourced) in the period between 1997 and 2011 and you would like to make a claim, please could you complete the relevant questionnaire(s) below:
Brand New Truck Purchase Questionnaire
Second-hand Truck Purchase Questionnaire
If you have any questions, please contact Zahira Hussain in order to discuss the matter further.
Trucks Cartel - Background
Who we are assisting
Truck rental companies
Edwin Coe is assisting truck rental businesses with damages claims on a no win, no fee basis. Unlike others, Edwin Coe is not acting for those who rented trucks on a short-term basis in the period, so we are able to assist those who bought trucks and then rented them out to third parties.
If you or your business bought trucks weighing six tonnes or more and then rented them out to third parties between 1997 and 2012, and you had a total fleet of at least 50 trucks in the cartel period, please get in touch. You or your business will have overpaid for the trucks because of the price fixing that was prevalent in the trucks market at the time.
Edwin Coe have funding in place for these claims. This means that the funder will cover the legal costs of the claim in exchange for a share of any damages secured at the end of the proceedings – there is nothing to pay as the claim progresses. If the claim is unsuccessful, there will be nothing to pay.
The decision by the European Commission was published in 2016. Time is marching on. Accordingly, if you would like to make a claim, please get in touch as soon as possible with Zahira Hussain. Alternatively, please register your claim by completing the relevant online questionnaire and we will be in touch.
Direct purchases
Edwin Coe is assisting direct purchasers (those companies that bought or leased trucks to use in their own business between 1997 – 2011), as well as indirect purchasers (those who used a logistics provider for their trucking requirements during the cartel period). Unlike the RHA, which is mainly assisting hauliers, Edwin Coe is able to act for indirect purchasers; in other words those companies which used trucking services provided by hauliers.
Trucks Cartel - Podcast
FAQs
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Who is the claim against?
The claim is against one or more of the cartel companies – MAN, Volvo/Renault, Daimler, Iveco, DAF and Scania.
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Who can bring a claim?
Any business that purchased or leased trucks weighing 6 tonnes or more from any manufacturer between 1997 and 2011. Claims may also be brought by those that outsourced their trucking requirements. Claims may be brought by those buying trucks from other manufacturers because their prices are likely to have been affected by the cartel pricing.
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What is the nature of the claim?
The claim is for compensation of losses suffered as a result of the six cartelists’ anti-competitive activities between 1997 and 2011. Some estimate the losses to be between £5,000 and £10,000 per truck, plus interest.
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Will I have to pay anything towards the costs of bringing the claim?
No. We will secure funding so that you will not have to pay anything as the claims progress. Upon successful resolution of your claim, you will have to give the funder a percentage of your damages. This is no more than 25%. The final arrangement depends on the size of the claim.
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What happens if the claim is unsuccessful?
You will not have to pay anything. We will obtain insurance cover so that the insurers will pay if you are ordered to pay the manufacturer’s costs.
