CDC Cartel Damage Claims has conducted a preliminary economic analysis of the damage suffered by companies that purchased or leased trucks over 6 tonnes in Europe between 1997 and 2011. This analysis shows that truck customers were overcharged by approximately 10% compared to what they would have paid if the truck manufacturers had not operated the cartel. CDC is also in the process of analysing additional damages resulting from the late introduction of new emission technologies (EURO 3 to 6 standards). This late introduction is likely to have caused higher running costs, namely in the form of a higher fuel costs and higher road toll charges. Any damage suffered by customers is subject to interest as of the date the harm occurred. Given the long duration of the trucks cartel, interest may account for between 50-100% of the overcharge claimed. If your company purchased, rented or leased trucks during this period, your business is entitled to full compensation for these damages in addition to accrued interest.
On 13 July 2017, CDC brought an action for compensation against MAN, Volvo / Renault, Daimler, Iveco and DAF before the District Court of Amsterdam in the Netherlands. This action covers all truck brands, including Scania. In this context, CDC is already pursuing the claims from more than 700 large companies and SMEs throughout Europe. CDC’s action is considered the most advanced and ‘lead action’ in the Netherlands. The Dutch Courts are known for their expertise and efficiency. On 15 May 2019, CDC achieved its first key judgment in the Trucks cartel litigation. The press release of CDC in relation to the judgment can be found here. On 12 May 2021, the Amsterdam District Court ruled in favour of CDC in a key judgment (link to English translation), confirming the binding effect of the entire European Commission’s decision, the scope and nature of the Trucks cartel as well as the likeliness of a damage caused. The press release of CDC concerning this judgment can be found here.
With its second legal action against the trucks manufacturers filed on 2 February 2020, CDC enforces before the Amsterdam District Court claims for damages that were previously sold and assigned to CDC by approximately 400 further transport and logistics companies. The legal action is, in addition to the defendants in CDC’s first action, also addressed against Daimler Trucks and Scania.
On 27 July 2022, the Amsterdam District Court rendered another important interim judgment, fully upholding the arguments raised by CDC. The Court confirmed the standing of CDC as a litigation vehicle, the uniform Dutch law applicable to all of CDC’s claims, and on the validity of CDC’s assignment agreements. The press release regarding this judgment can be found here.
CDC purchased and bundles the claims of a large number of companies damaged by the trucks cartel. This collective approach enables a significantly more robust damage analysis compared to an analysis based on data from a single company. The bundling of claims into a single action also creates considerable synergies in the recovery process, while contributing to cost efficiencies and strengthening the negotiating position vis-à-vis the truck manufacturers. CDC is taking the legal action in its own name and bears all the costs and risks associated with the proceedings by investing our own resources and entirely managing all aspects of the case. When we reach a favourable settlement or judgment, we will redistribute more than 65% of the damages obtained. We fully align our interests with damaged companies by working on “no-win no-fee” basis. In previous cases taken by CDC, several out-of-court settlements have resulted in payments of tens of millions of euros to various European companies.
On 19 July 2016, five European truck manufacturers were fined € 2.93 billion by the European Commission. According to the Commission, MAN, Volvo / Renault, Daimler, Iveco and DAF participated in unlawful activities including fixing gross list prices for trucks, coordinating the timing of the introduction of new emission technologies, and the passing on of those costs to customers. On 27 September 2017, the Commission also fined Scania € 880 million for its participation in the cartel. The agreement lasted more than 14 years, from 1997 to 2011, and covered medium-duty trucks (between 6 and 16 tonnes) and heavy-duty trucks (over 16 tonnes) throughout the European Economic Area (EEA). Therefore, any company that has purchased, leased or rented medium or heavy trucks during this period has the right to claim compensation from the truck manufacturers.