Cars
Background – The Spanish Car Cartel
The fined companies, covering more than 90% of the Spanish market, exchanged commercially sensitive information on car sales. By doing so, they were able to control the vast majority of the distribution and after-sales market in Spain allowing them to establish commercial conditions detrimental to their customers. Among other things, this resulted in both consumers and companies paying higher prices for cars due to the illegal conduct of the car manufacturers. Preliminary price overcharge estimations are in the range of 10-15%.
The fined entities are: AUTOMÓVILES CITROËN ESPAÑA, B&M AUTOMÓVILES ESPAÑA, BMW IBÉRICA, S.A.U., CHEVROLET ESPAÑA, S.A.U., CHRYSLER ESPAÑA, S.L., FIAT GROUP AUTOMOBILES SPAIN, S.A., FORD ESPAÑA, S.L., GENERAL MOTORS ESPAÑA, S.L.U., HONDA MOTOR EUROPE LIMITED, BRANCH IN SPAIN, S.L., HYUNDAI MOTOR ESPAÑA, S.L.U., KIA MOTORS IBERIA, S.L., MAZDA AUTOMÓVILES ESPAÑA, S.A., MERCEDES BENZ ESPAÑA, S.A., NISSAN IBERIA, S.A., PEUGEOT ESPAÑA, S.A., PORSCHE IBÉRICA, S.A., RENAULT ESPAÑA COMERCIAL, S.A., SEAT, S.A., SNAP-ON BUSINESS SOLUTIONS, S.L., TOYOTA ESPAÑA, S.L., URBAN SCIENCE ESPAÑA, S.L.U., VOLKSWAGEN AUDI ESPAÑA, S.A. and VOLVO CAR ESPAÑA, S.A..
SEAT, S.A. as well as the other companies forming part of the Group to which it belongs (VOLKSWAGEN AUDI ESPAÑA, S.A. and PORSCHE IBÉRICA, S.A.), met the requirements set out in article 65 of the LDC and, consequently, were exempted from paying the fine relating to their participation in the infringing conduct.
Schadensersatzklage der CDC
CDC has purchased and acquired damage claims from over 14,000 assignors, mainly consumers, that were affected by the anticompetitive agreements and practices as purchasers of cars in Spain during the cartel period.
With its action filed in November 2023, CDC is asserting these claims for damages against RENAULT ESPAÑA COMERCIAL, S.A., FIAT CHRYSLER AUTOMOBILES SPAIN, S.A., STELLANTIS ESPAÑA, S.L. and STELLANTIS, N.V. as joint and several debtors. The case is currently pending in first instance before the Commercial Court of Valladolid. The total damages claimed by CDC, including interest, exceed EUR 47 million.