Take action against the truck cartel

Last chance in the truck cartel case –
take action against Scania with Truck ReClaim and the law firms Hausfeld and Kapellmann

Thanks to the class action proceedings initiated by the BGL and other European associations, most freight forwarding and logistics companies have already addressed the question of whether they should claim damages against the so-called truck cartel.
‍
For those who have not yet taken action, things have looked bad recently. For some years now, it has been practically impossible to assert any new claims against the truck cartel in Germany. The risk that the claims were already time-barred was too great. Now, however, there is once again a chance of compensation for all those who have not yet taken action.


Why can claims still be asserted now?

The truck manufacturers MAN, Daimler, Volvo/Renault, Iveco and DAF have admitted their participation in the cartel as part of a so-called settlement with the EU Commission. Only Scania did not participate in this settlement and appealed against the fine decision before the European courts. On February 1, 2024, the European Court of Justice finally ruled that Scaniawas rightly fined approximately EUR 880 million for its participation in the truck cartel. This means that it has been legally established that Scania was involved in the cartel and is liable for all the damage it caused. During the court proceedings initiated by Scania, the limitation period for claims against Scania was suspended - i.e. it did not continue to run.

In concrete terms, this means that although claims against the other cartel members may already be time-barred, all claims against Scania can still be asserted today - regardless of whether they relate to Scania trucks or MAN, Daimler, Volvo/Renault, DAF or Iveco trucks. It is difficult to predict whether and to what extent a claim for damages can be realized. However, compensation of between five and fifteen percent of the purchase price, i.e. several thousand euros per truck plus interest, is realistic.


Together we are strong – why bundling claims makes sense

Enforcing cartel damages claims is a lengthy, complex and expensive process. This is illustrated by ongoing cartel damages proceedings against the truck cartel, which still have a good chance of success, but some of which have been ongoing since 2017 with no end in sight. The truck manufacturers are sparing no effort to complicate the legal proceedings and drive up costs. Obtaining expert opinions from the courts alone often takes years and is accompanied by escalating legal and economic discussions. Against this background, it is important to proceed with an experienced team of economists and lawyers. The bundling of claims and the solid financing of the proceedings make it possible to negotiate with the cartelists on an equal footing. On your own, you would quickly find yourself in a losing position and, in the worst case, would have to bear court, expert and legal costs that quickly exceed the claims asserted.


Our offer for the victims of the truck cartel

• We also offer a solution developed on the initiative of the BGL and other European associations for freight forwarders to enforce antitrust damages claims against Scania – examined by the BGL's legal department.
• The project will be carried out by the debt collection service provider Truck ReClaim, which will not only coordinate the project with modern IT (so-called legal tech) and specialized expertise, but will also act as the plaintiff. Truck ReClaim will enforce the claims on the basis of a success fee. Truck ReClaim bears the costs of the proceedings with the help of a legal service provider. If you are unsuccessful, your company will not have to bear any costs.
• The renowned competition economist Prof. Dr. Inderst, who is also very experienced in the truck cartel, and his team are responsible for the economic assessment of the trucks claimed.
• The proceedings are being handled by the lawyers of Hausfeld and Kapellmann, who specialize in antitrust law and are experienced in truck cartel matters. Hausfeld is one of, if not the leading law firm in the field of asserting cartel damages claims. Kapellmann is also active in other claims for damages against truck manufacturers.

Who is the offer aimed at?

The offer is aimed at truck customers who have not yet asserted any claims against the truck cartel. If you have already registered trucks for enforcement with another legal service provider, whether in Germany or abroad, you cannot register these trucks again. The same applies if you have already filed a claim against the truck cartel for these trucks.

You can register trucks with Truck ReClaim that meet the following criteria:

• Brand: MAN, Daimler, Volvo/Renault, DAF, Iveco and Scania
• Type of procurement: purchase, installment plan and leasing (no rented trucks)
• Period: Procured between January 17, 1997 and December 31, 2016
• Use: Only newly procured trucks and trucks used by yourself or within your group of companies
• Weight: Medium-duty trucks (6 to 16 tons) and heavy-duty trucks over 16 tons can be registered

How can you take part?

Register here without obligation if you would like to assert claims against the truck cartel. You will then receive further information from us on how to submit information and documents and on the course of the proceedings. After we have successfully reviewed your documents, we will initially assert the claims against Scania out of court. If no settlement is reached, we will divide the claims into appropriate groups and, if necessary, assert them in court.


Until when is it possible to register for Truck ReClaim?

Registration with Truck ReClaim is possible until the end of April 2024. The required data on the trucks must be provided after registration by the end of August. Overall, it is necessary to act quickly, as the statute of limitations for the first claims against Scania threatens to expire in just a few months.