SMEs Have Little Time Left for Damages Claims Against Truck Cartel

Four months before the statute of limitations expires, several tens of thousands of companies with up to 1 million trucks have already become active in damages proceedings against the truck cartel. According to the findings of the EU Commission, the major European truck manufacturers made anti-competitive agreements from 1997 until early 2011.

(Amsterdam/Munich) The case is particularly interesting: Not only were record fines of around €3.8 billion imposed on the truck manufacturers by the EU, but the EU has also strengthened the rights of plaintiffs in such cases in recent years.

50-60% of SMEs Not Active

Now the first judgments from the member states are available. These are predominantly positive from the plaintiffs’ perspective. Despite the positive outlook and already extensive litigation activity, less than 50% of the affected truck buyers have taken action so far. In particular, the broad middle class is exercising its right to damages significantly less frequently than large companies. The unilegion foundation is also active with a class action and has analyzed the background in its case report on the truck cartel in a market study with around 3,500 interviews of affected companies.

Variety of Positive Judgments and Support from the EU

The EU Commission paved the way for damages claims against the major truck manufacturers with record fines of €3.8 billion in 2016 and 2017. Currently, around 30,000 companies in the EU are suing for damages for nearly 1 million trucks against the truck manufacturers. Thus, four months before the statute of limitations expires, about 50-60% of the companies, which account for approximately another 2.6 million trucks purchased during the cartel period, have not yet taken action in many EU member states.

Amount of Damages

At the same time, the maturity of the first wave of lawsuits in many EU member states has progressed, resulting in a multitude of judgments – in most cases with positive outcomes for the plaintiffs. Where damages have already been awarded, these often amount to up to €10,000 per truck (plus interest). Thus, in spring 2021, we enter a special phase of the largest antitrust litigation complex in EU history:

• This is the first time that such a large number of affected companies are suing for damages due to a cartel violation. The claimed damages are substantial, totaling several billion euros.
• The legal prerequisites for enforcing antitrust damages claims have been significantly improved in recent years – also at the instigation of the EU Commission. A largely plaintiff-friendly decision-making practice has developed in many EU member states.
• At the same time, a number of professional plaintiff organizations offer financed class actions, which enable the affected parties to enforce their damage claims without cost risks and effort in most cases.
• Nevertheless, the majority of the affected parties have not yet taken action. There is primarily a lack of information.

Lack of Information Among SMEs

The unilegion Truck Claims Foundation has analyzed the status of lawsuits in the EU and surveyed nearly 3,500 transport and industrial companies from the four EU countries Germany, Austria, France, and Italy regarding the truck cartel to create a mood picture. The results are clear:

• Large companies with more than 500 employees are generally well-informed and are either independently or in class actions already taking action against the truck cartel.
• In contrast, small and medium-sized enterprises (SMEs) have only become active when they were informed about the possibilities of participating in class actions, for example, through trade press or association work. The overwhelming majority of the middle class, which has no connection to associations and does not actively follow the trade press, has so far remained excluded.

Only Four Months Until the Statute of Limitations Expires

Therefore, it remains the task of the European legal landscape, the trade press, associations, and interest groups to further inform the middle class about their rights and possibilities, especially regarding financed litigation instruments. For the truck cartel, there are still four months left, as in many EU member states, the statute of limitations for all claims is set to expire in July 2021 (five years after the EU Commission’s fine decision against the truck manufacturers). Photos/Graphics: © Unilegion www.unilegion-truck-claims.eu