Scania is next – a new opportunity to seek compensation with recent Truck Cartel ruling by the EU Court of Justice
João Frias Costa
by João Frias Costa
The Truck Cartel (European Commission case AT.39824 – Trucks), a high-profile case that challenged European competition law in 2016 and in subsequent years, has seen a new development in all European Union countries, Swedish truck manufacturer Scania finally lost its fight with a cartel fine of EUR 880,500,000 after Europe's top court sided with EU competition regulators.
The truck cartel case dates back to 2016, when the European Commission reached a settlement decision regarding the truck cartel with MAN, DAF, Daimler, Iveco, and Volvo/Renault, under which those truck companies were censured by the European Commission with a record fine of EUR 2,926,499.000.
At the time, the European Commission explicitly stated in its press release that any person or company affected by anti-competitive behaviour by truck manufacturers (MAN, DAF, Daimler, Iveco, Volvo/Renault, and now Scania as explained below) could go to the local courts of their respective EU member state and claim the right to compensation.
As a result, since 2016, these truck manufacturers could be the object of judicial actions of compensation by consumers who bought trucks, apart from Scania, which appealed against the European Commission's decision.
Scania, unlike the other five companies involved in the truck cartel, was the only manufacturer that decided not to settle an agreement with the European Commission which condemned those manufacturers of collusive cooperation by which the companies exchanged information and agreed on prices and conditions for marketing trucks during the period between 17 January 1997 and 18 January 2011.
Scania chose not to cooperate with the European Commission during the investigation, and consequently did not benefit from a reduction of the fine in accordance with the Commission's 2006 Leniency Notice or the 2008 Transaction Notice. This decision resulted in a fine of EUR 880,500,000 which became final in early 2024, after several attempts by Scania to appeal the European Commission decision, firstly to the General Court in 2022 and later to the Court of Justice of the European Union. This last decision against Scania is now definitive and not subject to further appeal.
Victims of the truck cartel who have not yet taken action against Scania to obtain compensation for their losses as a result of the cartel now have the possibility of claiming compensation against this truck company. We will undoubtedly see a new push by truck buyers for so-called “customer compensation”, now that the Court of Justice has confirmed the fine imposed on Scania and condemned its anti-competitive behaviour.
Our recommendation is that all consumers who bought trucks from Scania during the period from 17 January 1997 to 18 January 2011, and who wish to seek damages from this truck company should contact lawyers who have expertise in the matter.
João Frias Costa is lawyer and has been a member of the Portuguese Bar Association since 1999. He is a partner with GPA– Gouveia Pereira, Costa Freitas & Associados, and represented the case that led to the first favourable decision condemning the truck cartel in Portugal. Contact João.
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