By decision of 19.07.2016, the European Commission fined five European truck manufacturers a record fine of 2.93 billion euros as part of a settlement procedure. The Commission’s investigations were set in motion by MAN’s leniency application. The Commission found that the coordination of gross list prices, agreements on the timetable for the introduction of emission reduction technologies and the passing on of the costs for emission reduction technologies between the cartel participants in the period from January 1997 to 18.01.2011 in the entire European Economic Area had been infringed. The agreements covered medium trucks weighing between 6 and 16 tons; heavy trucks weighing more than 16 tonnes, both as rigid trucks and tractors trucks.
By decision of 27.09.2017, the Commission imposed a fine of 880 million euros on Scania following Scania’s opposition to an agreement in the settlement procedure. However, the decision of 27.09.2017 to impose a fine is not yet final, as legal proceedings are currently pending before the European Court of Justice (Case T-799-17).
Throughout Europe, hundreds of claims for damages are currently pending. The claims estimates of the plaintiffs vary from 10-20% of the net acquisition price. As a result, the total European loss could amount to several billion euros.
Cartel subject: Medium trucks weighing between 6 and 16 tons; heavy trucks weighing more than 16 tonnes, both as rigid trucks and tractors trucks
Cartel agreements: Exchange of information on gross prices and agreements on the timetable for the introduction of emission reduction technologies and the passing on of the costs for emission reduction technologies
Cartel members: MAN (applicant under the leniency notice), Daimler, Iveco, Volvo/Renault and DAF. Scania: Legal proceedings against fine notice not yet concluded.
Cartel period: 01.1997 – 18.01.2011
Cartel region: European Economic Area (EEA)
Level of fines: About 3.81 billion euros
Affected parties: Any purchasers (purchase, hire-purchase and leasing) of trucks and semitrailer tractors
|Company||Reduction under the Leniency Notice||Reduction under the Settlerment Notice||Fine (€)|
Participating ECDA member law firms
ECDA coordinator: Dr. Anna Lesinska-Adamson
Phone +49(0)30 611 28 40-10
European Cartel Damage Alliance e.V. (ECDA)
10179 Berlin / Germany