Truck Cartel

Following the submission of an application for leniency by MAN, the European Commission opened an investigation against the leading European truck manufacturers. In a measure dated 19 July 2016, the Commission found that MAN, Volvo/Renault, Daimler, Iveco and DAF had participated in a cartel throughout the European Economic Area (EEA) on the market for the construction of medium (weighing between 6 and 16 tonnes) and heavy (weighing more than 16 tonnes) trucks for the period between 17 January 1997 and 18 January 2011. The cartel had as its object the coordination of (i) ‘wholesale list’ prices; (ii) the timing of the introduction of emission reduction technologies; and (iii) the passing on to customers of the costs of emission reduction technologies. Having acknowledged their responsibility, these companies did not appeal the Commission’s decision, which then became final.

In contrast, the Commission’s investigation continued against Scania, which, unlike the other manufacturers, did not admit its liability. By decision of 27 September 2017, the Commission therefore found that Scania had also participated in the same cartel and ordered it to pay a fine of EUR 880 million. Scania appealed the Commission’s decision before the European General Court and subsequently before the Court of Justice of the European Union (CJEU). On 1 February 2024, the CJEU rejected Scania’s appeal and thus the Commission’s decision establishing Scania’s participation in the cartel became final.

The competition-restricting cartel definitively established by the European Commission has harmed all undertakings that purchased, rented or leased medium-sized or heavy-duty trucks from any of the cartelists between 1997 and 2011, as well as all companies that purchased transport services during the same period. The compensable damage consists of the overcharge paid as a result of the cartel.

Between 2020 and 2021, Delex assisted in the structuring of a complex transaction involving the collective purchase by a third-party funder of the indemnification claim of some 80 Italian companies that were victims of the cartel. For the realization of the transaction, Delex collaborated with a major Italian book building company and a well-known international claimant law firm that collectively represented the purchasers of more than 250,000 trucks.

The ruling of the Court of Justice of the European Union on 1 February 2024, which definitively condemns Scania, now opens a new window of opportunity for actions for damages against this company. Moreover, due to the joint and several liability between cartelists, not only purchasers of trucks produced by Scania, but also purchasers of trucks produced by the other companies that participated in the same cartel (MAN, Volvo/Renault, Daimler, Iveco and DAF) can bring an action against Scania for compensation for overcharging damages caused by the cartel. Victims of the cartel interested in asserting their right to full compensation for the damage suffered will be able to take advantage of the fact that in damages proceedings the finding of the infringement made by the European Commission is binding on the national court.