Zenith CC&P Current Awareness

​Disclosure order in trucks cartel damages action

11 December 2017

Prof. Suzanne Rab

The High Court will order DAF to give the Royal Mail disclosure of information from the European Commission’s trucks cartel file.

Royal Mail is seeking £270 million in damages representing the overcharge it allegedly paid as a result of a cartel between major European truck manufacturers spanning 14 years.  The claim is one of many in progress and in the pipeline which have been filed in the UK and in other Member States.  The Settlement Decision (addressed to undertakings in the MAN, Volvo/Renault, Daimler, Iveco and DAF groups) and the Infringement Decision (addressed to the Scania undertaking) concern the same anti-competitive conduct – which consisted of:

  1. coordination amongst the participating undertakings in respect of the EEA gross list prices for medium trucks (weighing between 6 to 16 tonnes) and heavy trucks (weighting 16+ tonnes) 
  2. coordination amongst the participating undertakings in respect of the timing of introduction of new emissions standards on affected trucks and the extent to which the costs associated with the introduction of these standards would be passed on.

The Settlement Decision by its nature is relatively limited in terms of the detail of the infringements and operation of the cartel. 

Mrs Justice Rose has ordered DAF to disclose evidence in two stages.  The first is due by 28 February 2018 and consists only of evidence about DAF that is redacted for confidentiality and for privileged or leniency material.  The second, containing evidence about other participants in the cartel, is due by “the end of April”.  Other participants will be able to redact confidential, privileged or leniency material.

Current Awareness

By the CC&P team