Woodfines Transport division represents Operators and drivers on a national basis by providing bespoke commercial, regulatory, litigation and employment support. Our team of experienced commercial lawyers will work in partnership with you to maintain and protect the reputation or your organisation and enhance the success of your business.
On 19 July 2016, the European Commission concluded a five-year EU antitrust investigation into six leading truck manufacturers. The Commission investigation established that between 1997 and 2011, there had been collusion between the manufacturers in the European Economic Area to fix the price of units over 6 tonnes. In addition, the investigation demonstrated that these unfair pricing practices were timed to coincide with the introduction of emissions technologies so that the cost of those technologies, including Euro 3 and Euro 6, could be passed on to customers by stealth. Five of the manufacturers - MAN, DAF, Daimler, Iveco and Volvo/Renault – agreed to reach a settlement with the EU Commission worth a record EUR 2.9bn. However, Scania refused to cooperate with the European Commission during the investigation or accept its July 2016 findings.
On 27 September 2017, the Commission imposed a fine of €880,523, 000 on Scania for breaches of EU antitrust laws.
Any person or firm affected by the Commission’s antitrust investigation may bring a complaint to the national Courts of England and Wales and seek compensation on the basis that a Commission decision constitutes binding proof that the manufacturers have engaged in illegal antitrust practices.
In effect, any Operators which leased or purchased tractor units during this period may be entitled to compensation. It is not necessary for the Operator to have contracted directly with the manufacturer and in addition to seeking direct losses for the price fixing, Operators may be able to claim compensation for any secondary or consequential losses.
Claims for compensation should be brought before the Competition Appeal Tribunal in London. The Competition Appeal Tribunal is a specialist judicial body with cross disciplinary expertise in law, economics, business and accountancy and whose function it is to hear and decide cases involving competition or economic regulatory issues. Early indications are that Operators may stand to recover up to £6,000 per unit on average.
If you are an Operator, whether sole trader or large corporate entity, and you would like advice from us about how to make a claim for compensation please contact our Cambridge, Milton Keynes, Bedford or Sandy offices.
Maria Koureas-Jones - 01223 411421
Andrew Carter - 01908 202150
Mike Hayward - 01908 202150