Trucks Cartel – Scania Appeal

One of the cartelists in the cartel between truck manufacturers is appealing the decision of the European Commission against it. Five of the six truck manufacturers admitted their involvement in the cartel, but Scania has always denied their own participation. The Commission decided on 27 September 2017 that Scania was part of the cartel. Scania has now appealed that decision to the CJEU.

Zahira Hussain, Edwin Coe Senior Associate said on the appeal: “It is surprising that Scania has appealed, bearing in mind that five of the manufacturers admitted their wrongdoing. The Commission found that Scania had also been up to no good. The appeal does delay matters for claims against Scania but all the other cartelists are liable and we are pressing ahead with all our claims across the EEA.”

Claims for losses suffered as a result of a breach of competition law can be brought in the High Court or in the Competition Appeal Tribunal (CAT). Usually such claims can be brought in the High Court up to six years from the date on which the loss was suffered. The start of the six year period can however be deferred where the Defendant(s) deliberately concealed essential facts about its infringement. The limitation period thus begins to run from the date on which a Claimant is, or could with reasonable due diligence be, in possession of sufficient facts to be able to plead a course of action. This time is likely to run from the date of the publication of the Commission’s Statement of Objections or Decision.

In the CAT however the limitation period is different. Where a claim arises before 1 October 2015 (as it does here because of the cartel period of 1997 – 2011), the CAT’s rules provide for a two year limitation period, which runs from the later date on which:

1. The cause of action accrued;
2. The relevant Commission Decision becomes final.

In the trucks cartel, the Commission decision in relation to five of the cartelists has become final because the time limit for appealing the decision dated 19 July 2016 expired without an appeal being made by the five companies. In relation to Scania however, the appeal made automatically extends time until the appeal is finally resolved. This is good news for companies that wish to issue a claim in the CAT against Scania.

We have prepared a video in which David Greene, our Head of Litigation & Dispute Resolution discusses the trucks cartel.

Anyone who has been affected by the trucks cartel and would like to register their interest should contact Zahira Hussain (t: 020 7691 4000 e: zahira.hussain@edwincoe.com)