Truck Cartel legal action – A comparison of cases in the UK and Germany

After several years of uneventful waiting, recent developments in the RHA case have brought truck cartel compensation back to the spotlight in the UK. For those who may have missed the latest news, a ruling by the Competition Appeal Tribunal on 8 June 2022 has given the Road Haulage Association the right to pursue its collective action on behalf of hauliers… Read more Truck Cartel legal action – A comparison of cases in the UK and Germany

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Scania has filed an appeal

As we reported earlier, the European Commission imposed a fine of € 880 million on Scania in Truck Cartel case in 2017 after Scania, unlike the 5 other truck makers, did not cooperate in the investigation of the fraud. Scania’s claim against the European Commission was dismissed in its entirety on 02 February 2022, Case T-799/17. Scania has now taken the final option of… Read more Scania has filed an appeal

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Latest decision: waste collection trucks and other special purpose trucks are also entitled for compensation

On 24th of February, the Advocate General made it clear in her decision that refuse trucks and other special purpose trucks should be considered just the same as general purpose trucks in the truck cartel compensation process. The early March published Opinion (Case C-588/20, Landkreis Northeim) details the facts and the legal reasons in 15 pages, while rejecting the truck manufacturers’ defence that these trucks with special construction… Read more Latest decision: waste collection trucks and other special purpose trucks are also entitled for compensation

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Required documents for the Financing Agreement and the Sale of Claims

Invoices or leasing contracts (scan copy). Both purchase, hire purchase, leasing and long-term rental are eligible. It is important that the chassis number of the vehicle is listed on the documents. In the case of a leasing or hire agreement, the total amount, including the down payment, all monthly instalments and any residual value, must be clearly visible. Copy of the vehicle registration document (if available) Extract from the commercial register It… Read more Required documents for the Financing Agreement and the Sale of Claims

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It’s still not late to get compensation at German Courts

In many EU member states, it is no longer possible to claim compensation for truck cartel damages at court. Reason for that is, that  although the EU requires legal harmonisation at a basic level (this means that the EU decision to pay compensation is, binding), but the calculation of the limitation periods (time-barring in other words) has been left to… Read more It’s still not late to get compensation at German Courts

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Good news for non-EU truck owners in truck cartel compensation case

From the outset, the whole procedure has only allowed companies based in the EU to claim compensation. From a legal point of view, this is an understandable limitation, as the European Commission’s resolution did not provide a stable legal basis for initiating proceedings outside the EU and investors were reluctant to take on this significantly higher risk. Understandable, but unfair from… Read more Good news for non-EU truck owners in truck cartel compensation case

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The European Court has dismissed Scania’s lawsuit and upheld the € 880 million fine 

As previously reported, Scania has tried to go its own way in the truck cartel process, unlike other truck manufacturers. In its 42-page ruling published on 2nd February 2022, the European Court clearly rejected this option. According to the European Commission’s investigation, the leading truck manufacturers DAF, Iveco, MAN, Mercedes (Daimler), Renault, Scania and Volvo operated an illegal cartel between 1997 and… Read more The European Court has dismissed Scania’s lawsuit and upheld the € 880 million fine 

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Status report truck cartel lawsuits in the Netherlands January 2022

On 20th September 2021, our Dutch advocates (from law firm STEK)attended the formal hearing of the Amsterdam District Court. The court discussed a number of procedural issues that were important for the proceedings but also time-consuming. At this point we would like to point out two important facts on which an agreement has been reached: Our cases have landed in… Read more Status report truck cartel lawsuits in the Netherlands January 2022

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Status report truck cartel lawsuits in Germany, January 2022

On 23 September 2021, the Federal Court of Justice (BGH), Case No. KZR 35/19, ruled on fundamental liability and fully confirmed the legal opinion of the plaintiffs. There was not only an exchange of information, but – as emphasised in several sections – even a price cartel, i.e. a hard-core cartel, and thus the worst violation of competition, as also bindingly… Read more Status report truck cartel lawsuits in Germany, January 2022

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Is Mercedes grasping at straws? Motion of bias against the presiding judge.

Update: According to information from the Dortmund District Court, no decision has yet been made on the bias applications as of 01 April 2022. The Dortmund District Court was supposed to deliver its verdict against truck manufacturer Daimler in January 2022 in the pending truck cartel case. It looks like it will be delayed now. The reason is… Read more Is Mercedes grasping at straws? Motion of bias against the presiding judge.

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Was the truck purchased new directly or via a wholesale company – in both cases there is a claim to the refund

In the second ruling on the Truck Cartel, BGH KZR 19/20, the Federal Court of Justice clarifies that the factual assumption also applies in the case of an indirect, third-party purchases. Because the legally independent wholesalers were involved in the distribution in a systematic and continuous manner, the defendants are denied the right to negate liability on the basis of this fact. The Federal Court of Justice took… Read more Was the truck purchased new directly or via a wholesale company – in both cases there is a claim to the refund

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Yet another Higher Regional Court decision in favour of the Truck Buyers

With the decision of the 1st Cartel Senate of the Higher Regional Court of Frankfurt, 5 August 2021 *, another Higher Regional Court has now joined the plaintiff-friendly judicature in the Truck Cartel case. The decision deals with the subject matter of the dispute in great detail in 388 paragraphs and closely follows the decision of the Cartel Senate at the Federal… Read more Yet another Higher Regional Court decision in favour of the Truck Buyers

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Reimbursement of the HGV toll – apply for the full amount!

Following a change of the legal basis, there will be a partial refund of the German HGV toll. But be careful: this refund only covers a fraction of the actual claim! The offered process will reimburse the reduction for one year period only. With proper representation by a specialised law firm, a refund for 3 to 4 years can be obtained.… Read more Reimbursement of the HGV toll – apply for the full amount!

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Next milestone and time expectations

Now that three Federal Supreme Court (BGH) judgments have been delivered*, all of which are favourable to plaintiffs, the lower courts are called upon to determine the extent of damages. The Federal Supreme Court (BGH) strongly backed the proceedings in Munich by requesting a universal expert opinion on the entire range of purchases across all brands and across all years. In Munich, the… Read more Next milestone and time expectations

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And what about Scania now?

The Scania case is special. While the other 5 cartel offenders fully confessed and admitted all offences, Scania is still resisting. A fine of 880 million euros was imposed on Scania. Scania had to pay this fine because the decision had been issued and was enforceable. That means that the money could have been enforced by seizure of accounts.Scania can only… Read more And what about Scania now?

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The truck cartel case

The European Commission has imposed almost three billion euros in fines on 5 truck manufacturers in the largest cartel uncovered so far, the truck cartel, AT.39284. It is important to note that Daimler, MAN, Renault/Volvo, Iveco and DAF are jointly and severally liable, i.e. each cartel participant can be held fully liable for each purchase (i.e. also from a competitor). These cartelists have fully admitted their actions and admitted all… Read more The truck cartel case

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