Was your business affected by the Truck Cartel?

The Scaffolding Association is urging its members to consider if they were affected by the Truck Cartel following the recent hearing by the Competition Appeal Tribunal of proposed class representative applications.

Over a 14-year period from 1997 to 2011, European truck manufacturers MAN, Volvo, Renault, Mercedes, Iveco, DAF, and Scania, fixed prices, agreed the cost that truck purchasers should be charged for emissions technologies (Euro 3, 4, 5, and 6), and delayed the introduction of emissions technologies.

These manufacturers have admitted that they were guilty (except Scania) of a serious violation of EU competition rules and have been fined over £2.5bn by the European Commission.

Leading transport trade association RHA is leading a legal action against these manufacturers because they believe that you paid too much for the trucks you purchased or leased during the cartel and for a period afterwards.

Chief Executive of the Scaffolding Association, Robert Candy, commented:

“There is no doubt that businesses in the Scaffolding sector and wider construction industry will have been impacted by the Truck Cartel.

Commercial vehicle fleets are a significant overhead and if businesses were paying more than they should have been for them, then they should be compensated accordingly”.

How much could my business be owed?

At this stage, it is difficult to predict the level of potential compensation that might be awarded. The RHA legal action is nevertheless seeking to recover the difference between the price the trucks should have cost in a competitive market compared with the cartel prices, as well as any other increases to operators’ costs – for example in relation to fuel, resulting from the cartel activities.

What can my business claim for?

  • All brands of truck, including MAN, Volvo, Renault, Mercedes, Iveco, DAF, and Scania
  • Trucks purchased (either outright or on finance) between 1997 and 2011
  • Trucks leased between 1997 and 2011
  • Trucks 6 tonnes and over
  • Brand new and used trucks
  • Possibly for trucks purchased or leased after 2011

What will it cost my business?

There will be no cost to your business for joining the claim. The RHA has secured a significant amount of funding from a specialist litigation funder. If the RHA loses the claim, the funder will lose all of its investment. To offset that risk, the litigation funder will take a fee from the compensation awarded if the RHA is successful, on behalf of the claimants. Based on conservative estimates, your business should still receive 91% or more of its proportionate share of the compensation. If the RHA loses the claim, they will not charge your business for its time or the costs it has incurred on your behalf. The funder will simply lose its investment.

For more information visit www.truckcartellegalaction.com or telephone 08450 30 50 30.

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