And compensation can now be claimed.

As you may know, the European Commission has found that the leading truck manufacturers acted as a cartel to co-ordinate their pricing and delay Euro 3 to 6 emissions technologies. Together they were fined €3,807,022,000; the largest antitrust penalty the European Commission has ever imposed.

It’s highly likely you were overcharged for your trucks and you may have incurred extra running costs. If so, you are now entitled to compensation.

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Collyer Bristow is working with Grant Thornton, London Economics, Vannin Capital and two leading barristers as a consortium to bring compensation claims for larger fleet owners.

 

We are in discussions with numerous companies operating truck fleets as an adjunct to their primary business activity. We have a particularly focus on those operating within the retail supply chain, from manufacturers through to end retailers. Companies which do not operate their own fleets, but instead outsource their transportation requirements, could also be entitled to damages.

Our bespoke service offers you expert representation, designed to achieve the maximum possible reimbursement at no expense to your company. The costs of your claim will be paid by litigation funder, Vannin Capital, in return for a share of your damages.

Insurance cover will be obtained for the group to provide a high level of protection against the risk of being ordered to pay the other side’s costs, in the unlikely event that the claim firstly goes to trial and secondly is unsuccessful.

Your next step? Call Stephen Critchley on +44 (0)20 7470 4523 or email here.

Contact us to discuss your claim.

Call Stephen Critchley, on
+44 (0)20 7470 4523 or email here

Stephen Critchley is Head of Competition Law at Collyer Bristow and will lead our core team of dedicated litigation lawyers. He specialises in complex, high-value commercial disputes and acted for the claimant in the UK’s first, and still leading, damages claim for breach of competition law.

Find out more about Stephen >Find out more about Stephen >

Stephen acted for the claimant in Inntrepreneur Pub Co (CPC) v Crehan, the first and still the leading claim for damages for breach of competition law in the UK.

Other experience includes:

  • Defending one of the “big four” UK mobile networks against a claim for alleged abuse of dominance in refusing to configure its switches to recognise the number-range of a competitor.
  • Representing a household-name telecommunications company accused of an anticompetitive agreement to prevent the landing of subsea cables into the UK, allegedly to close the UK market off from competition.
  • Advising a drugs company in relation to investigation by the Competition & Markets Authority of suspected excessive pricing following a six-fold price increase after its drug was released from NHS price control.
  • Advising a major overseas newsagent on the legality of WHSmiths’ exclusive agreement with Network Rail for newsagency units at UK rail terminuses.
  • Advising a major home improvement company in relation to a potential State Aid objection to lending extended by a State-owned bank to a competitor in which the bank owned a large stake.
  • Advising a major duty free retailer on the legality of BAA’s exclusive arrangement with World Duty Free.

Our team

Download our easy-to-follow guide to making a claim

We explain how our Truck Cartel litigation process works and how it will benefit your business.

Download our essential guideDownload our essential guide

Why choose our consortium?

We are focused on claims by those who operate large fleets as an adjunct to their primary business activity, or those who have similarly large logistics outsourcing arrangements with independent hauliers. We have a particularly focus on those operating within the retail supply chain, from manufacturers through to end retailers. 

As we are forming a Group Action this will allow your claim to proceed more quickly through the courts than a Class Action. As the action will be brought in the English courts, it will be less complex and more familiar to you than claims run by some other groups.

Our proposed claimant group is large enough to ensure you receive the benefits of economies of scale but also small enough to give you a meaningful voice where necessary in determining the direction of the litigation, something other larger groups will not provide. We ensure each claimant’s claim is assessed fully and individually.

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Our consortium consists of experts who together have developed a structure bespoke to the needs of this claim and the claimant profile:

  • Collyer Bristow LLP – a leading law firm with a specialisation in litigation and competition law, with offices in Central London and Geneva. A core team will be working on the Truck Cartel claim.
  • Grant Thornton UK LLP – one of the world’s leading professional accounting and consultancy firms, with a Competition Disputes team experienced in quantifying damages claims and managing multi-claimant litigation processes.
  • London Economics – one of Europe’s most respected specialist policy and economics consultants, with particular expertise in regulation and competition.
  • Vannin Capital – the global litigation funding business with over US$500m of investment capital, having funded a significant number of group actions.
  • Philip Moser QC and Philip Woolfe, barristers at Monckton Chambers – leading competition law specialists at one of the country’s top competition law chambers.

“As a larger truck fleet owner that has potentially been overcharged by 10% or more per truck, claiming for eligible vehicles in your fleet could yield a very substantial amount. Choosing the right litigation partner is vital to obtaining maximum returns for your business"Nick Wood, Partner, Grant Thornton UK LLP

Your questions answered

This is a complex area, yet the questions we’re asked most often are:

  • 1. How much compensation will I receive?

    You could be entitled to substantial compensation. We will calculate a claim for your individual company rather than assigning a generalised 'per truck' value across all claimants. This ensures we claim the true value of your loss.

  • 2. Is making a claim time consuming?

    We will handle the entire process; once we have received your data we aim to keep your input and time requirements to a minimum.

  • 3. How will claiming affect my bottom line?

    As the legal action is being paid for by litigation funders, there are no upfront costs to pay. By focusing on a small number of larger businesses, our claim will keep fees to a cost-effective minimum.

  • 4. How will my relationship with truck suppliers be affected?

    The European Commission decision has already confirmed the liability of the manufacturers so they are expecting claims. They will want to minimise damage to their reputation and they can't afford to lose business.

  • 5. Can I claim for truck purchases made outside of the UK?

    Yes for purchases within the EU, depending on the jurisdiction. We are assessing the applicable laws in different jurisdictions and we will advise you on this once we have reviewed your data.

For more details of our bespoke claims service for larger fleets and fleet owners, please download our guidedownload our guide.

Download our essential guideDownload our essential guide

Essential facts for claimants

MAN, Volvo/Renault, Daimler (Mercedes), Iveco and DAF have admitted that they unlawfully coordinated prices, delayed the introduction of Euro 3 to Euro 6 emission technologies and coordinated the passing of the cost of those technologies on to their customers. On 19 July 2016, the European Commission fined them €2.9 billion for this conduct.

Scania made no admission but, on 27 September 2017, the Commission found that they too had participated in the cartel and fined Scania €880 million.

The cartel ran from at least 1997 to 2011, and covered medium (6 – 16 tonnes) and heavy trucks (over 16 tonnes).

 

Read more >

If you purchased new medium or heavy trucks between 1997 and 2011, you almost certainly have a case for compensation – whether you bought the trucks (outright or on hire purchase) or leased them, directly from a manufacturer or from a supplier.

Crucially, it also applies whatever make of truck you bought during this time, as the cartel’s price fixing may have artificially raised the prices of all medium or heavy trucks.

For more details please download our guide or call Stephen Critchley on +44 (0)20 7470 4523 or email here.

 

Contact us to discuss your claim.

Call Stephen Critchley, on
+44 (0)20 7470 4523 or email here

Contact us to discuss your claim.

Call Stephen Critchley, on
+44 (0)20 7470 4523 or email here

Stephen Critchley is Head of Competition Law at Collyer Bristow and will lead our core team of dedicated litigation lawyers. He specialises in complex, high-value commercial disputes and acted for the claimant in the UK’s first, and still leading, damages claim for breach of competition law.

Find out more about Stephen >Find out more about Stephen >

Stephen acted for the claimant in Inntrepreneur Pub Co (CPC) v Crehan, the first and still the leading claim for damages for breach of competition law in the UK.

Other experience includes:

  • Defending one of the “big four” UK mobile networks against a claim for alleged abuse of dominance in refusing to configure its switches to recognise the number-range of a competitor.
  • Representing a household-name telecommunications company accused of an anticompetitive agreement to prevent the landing of subsea cables into the UK, allegedly to close the UK market off from competition.
  • Advising a drugs company in relation to investigation by the Competition & Markets Authority of suspected excessive pricing following a six-fold price increase after its drug was released from NHS price control.
  • Advising a major overseas newsagent on the legality of WHSmiths’ exclusive agreement with Network Rail for newsagency units at UK rail terminuses.
  • Advising a major home improvement company in relation to a potential State Aid objection to lending extended by a State-owned bank to a competitor in which the bank owned a large stake.
  • Advising a major duty free retailer on the legality of BAA’s exclusive arrangement with World Duty Free.

Download our easy to read guide

Truck Cartel Litigation GuideFor a detailed overview of how our Truck Cartel litigation works and how it will benefit your business, fill out your details in the form below.