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May 17, 2021 at 8:03 PMOn May 12, 2021, the District Court in Amsterdam made a ruling in favor of thousands of truck buyers. The court clearly rejected the argument of the truck manufacturers that the cartel they operated could not have caused any harm. The proceedings, which involve several billion euros, will now continue.
(Amsterdam) The ruling of the District Court in Amsterdam also provides very good chances for further class actions in Amsterdam to achieve compensation. Companies can still participate before the claims risk expiration in a few weeks.
The Netherlands is considered one of the central venues in one of the largest compensation complexes ever negotiated in Europe: After the European Commission imposed fines of approximately €3.8 billion on truck manufacturers DAF, Daimler, Iveco, MAN, Scania, and Volvo/Renault for cartel violations in 2016 and 2017, an unprecedented wave of lawsuits emerged across Europe, where truck buyers are reclaiming inflated purchase prices and leasing rates. Depending on the vehicle, affected parties may be entitled to compensation claims of more than €10,000. Many of the largest lawsuits are being heard in Amsterdam, as the court is considered plaintiff-friendly and is open to affected companies from across the EU.
Information Exchange Instead of Price Fixing?
In the present case (Ref.: C/13/639718 / HA ZA17-1255), the truck manufacturers requested the dismissal of all claims, arguing that there were no price-fixing agreements, but merely an exchange of information. They also claimed that there could not have been a price increase for trucks and thus no harm to buyers or lessees because the agreements only concerned gross prices that were irrelevant from the manufacturers’ perspective.
However, the Amsterdam judges made it clear that the manufacturers’ behavior constituted a serious price cartel. Furthermore, the court found the economic expert opinions of the plaintiffs regarding the effects of the cartel and particularly the connection between gross price lists and the prices ultimately paid by the companies to be convincing. The court also confirmed that not only buyers but also lessees could be entitled to compensation. Additionally, due to lag effects, vehicles purchased even after the end of the cartel in 2011 could also be considered.
400,000 Trucks Affected by the Ruling
“The ruling of May 12 has fundamental significance for all lawsuits conducted before the Dutch courts, which collectively affect more than 400,000 trucks. The prospects for truck buyers to recover a significant portion of their purchase and leasing prices have thus improved again,” emphasizes Michael Gramkow, board member of the unilegion Truck Claims Foundation, which represents the interests of more than 500 companies from Germany, France, Italy, and Austria in a class action in the Netherlands. However, affected parties need to act quickly, as claims for damages are set to expire in July 2021. Michael Gramkow therefore recommends: “Truck buyers who wish to join the class action should act immediately. Participation is still possible until mid-June 2021.”
Unilegion Truck Claims Foundation
The unilegion Truck Claims Foundation is a Dutch foundation established to pursue compensation claims from truck buyers. Affected companies can join the class action without any financial risk. A commission is only charged in the event of success. Companies that purchased or leased heavy or medium trucks (>6t) between 1997 and 2013 can participate.
