In July 2016 the European Commission concluded an investigation into allegations of price fixing between truck manufacturers.
The allegations investigated were that certain manufacturers of articulated and rigid trucks fixed the price of those trucks from 1997 to 2011.
The fixing of prices between competitors is outlawed both in Irish Competition Law and European Union Competition Law.
The European Commission’s investigation concluded that price fixing had taken place on a systemic level. The Commission imposed record fines totalling €2.93billion on those manufacturers involved. They were Daimler (Mercedes), Volvo, DAF, Iveco, Renault.
The Commission also concluded that MAN partook in the price fixing cartel. No fines however were imposed on MAN because they had assisted in providing the information to the Commission which resulted in the investigation beginning in the first place.
There is still an ongoing investigation into the alleged participation of Scania in the price fixing cartel.
Once the European Commission concluded that a price fixing cartel existed and in turn imposed monetary fines on the cartelists those affected by the cartel can now seek to bring claims against the cartelists for the losses that they have suffered.
We here at O’Dwyer Solicitors are representing a large and growing number of truck owners who were adversely affected by the truck cartel. Those truck owners who purchased trucks from the manufacturers involved from 1997 to 2011 do have a cause of action for damages.
The work that we are undertaking here is to bring the claims for affected truck owners against the truck manufacturers.
The litigation that we are undertaking here is pioneering litigation and one which is to the forefront of bringing claims for the affected truck owners.
O’Dwyer Solicitors are uniquely placed to be able to provide this niche litigation service to clients given our expertise in Irish and European Union Competition Law. We have also retained necessary experts that will be used ultimately at the trial to establish the extent of the losses sustained by our clients.
The litigation that we have begun is the first of its type in the European Union and will act as a benchmark for claims for other truck owners affected by the cartel across the entire continent.