Your business may have incurred damages due to the trucks cartel
CDC Cartel Damage Claims has conducted a preliminary economic analysis of the damage suffered by companies that purchased or leased trucks over 6 tonnes in Europe between 1997 and 2011. This analysis shows that truck customers were overcharged by approximately 10% compared to what they would have paid if the truck manufacturers had not operated the cartel. CDC is also in the process of analysing additional damages resulting from the late introduction of new emission technologies (EURO 3 to 6 standards). This late introduction is likely to have caused higher running costs, namely in the form of a higher fuel costs and higher road toll charges. Any damage suffered by customers is subject to interest as of the date the harm occurred. Given the long duration of the trucks cartel this may have resulted in an increase of between 50-100%. If your company purchased, rented or leased trucks during this period, your business is entitled to full compensation for these damages in addition to accrued interest.
Join CDC’s action without delay at no cost or risk relating to the case
On 13 July 2017, CDC brought an action for compensation against MAN, Volvo / Renault, Daimler, Iveco and DAF before the District Court of Amsterdam in the Netherlands. This action covers all truck brands, including Scania. In this context, CDC is already pursuing the claims from more than 700 large companies and SMEs throughout Europe. CDC’s action is considered the most advanced and ‘lead action’ in the Netherlands. The Dutch Courts are known for their expertise and efficiency. The flexibility of Dutch procedural laws also allows all purchasers and leasers of trucks in Europe to join CDC’s action. Companies damaged by the trucks cartel can contact CDC to join the procedure and benefit from its positive developments. On 15 May 2019, CDC achieved its first key judgment in the Trucks cartel litigation. The press release of CDC in relation to the judgment can be found here.
The advantages of CDC’s approach
CDC purchased and bundles the claims of a large number of companies damaged by the trucks cartel. This collective approach enables a significantly more robust damage analysis compared to an analysis based on data from a single company. The bundling of claims into a single action also creates considerable synergies in the recovery process, while contributing to cost efficiencies and strengthening the negotiating position vis-à-vis the truck manufacturers. CDC is taking the legal action in its own name and bears all the costs and risks associated with the proceedings by investing our own resources and entirely managing all aspects of the case. When we reach a favourable settlement or judgment, we will redistribute more than 65% of the damages obtained. We fully align our interests with damaged companies by working on “no-win no-fee” basis. In previous cases taken by CDC, several out-of-court settlements have resulted in payments of tens of millions of euros to various European companies.
The European Trucks Cartel
On 19 July 2016, five European truck manufacturers were fined € 2.93 billion by the European Commission. According to the Commission, MAN, Volvo / Renault, Daimler, Iveco and DAF participated in unlawful activities including fixing gross list prices for trucks, coordinating the timing of the introduction of new emission technologies, and the passing on of those costs to customers. On 27 September 2017, the Commission also fined Scania € 880 million for its participation in the cartel. The agreement lasted more than 14 years, from 1997 to 2011, and covered medium-duty trucks (between 6 and 16 tonnes) and heavy-duty trucks (over 16 tonnes) throughout the European Economic Area (EEA). Therefore, any company that has purchased, leased or rented medium or heavy trucks during this period has the right to claim compensation from the truck manufacturers.
Benefits of a cooperation with CDC
Our results (past and current cases)
No. of Damaged Companies
Total Claims Value
“The approach of CDC corresponds with the interests of damaged companies as it invests its own personnel and financial resources in each case……The fruitful cooperation over the years with CDC has resulted in several considerable pay-outs for our company……CDC leverages its stronger negotiating power, access to market-wide data, and its expertise and experience to successfully optimise the level of compensation for damaged companies.“
Erich E Wimmer, Head of Legal at Mondi AG, Austria
“CDC’s ability to not only get a deal done but to negotiate and achieve a great deal is one of the multiple reasons making CDC our partner of choice. Without CDC, our company would not have recovered the same level of compensation and we are extremely satisfied that we chose CDC over other alternatives.“
Dr Martin Zügel, CEO of MCM Klosterfrau Healthcare Group, Germany
“Having successfully achieved several significant settlements on our behalf against two different cartels CDC has shown its capability and dependability in ensuring that companies damaged by anticompetitive practices are properly compensated for their loss.”
José Moutas, Chief Legal Counsel at ENCE Energia y Celulosa SA, Spain
“CDC has won five settlements for us in two court cases in Germany and Finland, proving on several occasions that it is competent in managing complicated proceedings……Furthermore, we did not have to worry about any burden from the costs and risks associated with enforcing the claims, as these were also borne entirely by CDC.“
Jan Geier, Steinbeis Papier GmbH, Germany
“CDC’s collective approach of acquiring claims on a pan-European level and bundling them into one damage action was particularly interesting from our viewpoint as this enabled access to market-wide data and considerably increased negotiating power against the cartelists.“
Michael Von den Benken, Director at DUNI AB, Sweden
“CDC achieved a very successful outcome and we received multiple payments for compensation which we were very happy about. We highly endorse CDC as a very reliable expert with a long history of successfully claiming antitrust damages.“
Paolo Romanini, Industrial Controller at Lucart S.p.A, Italy
“Sappi Europe has financially greatly benefitted from multiple case settlements that were successfully negotiated by CDC. Importantly, CDC has done so by assuming all costs pertaining to these proceedings……CDC knows how to convert antitrust damage claims into a positive cash flow for companies that have been overcharged by collusive suppliers.“
Johannes Boner, VP General Counsel at Sappi Europe, Belgium
“We choose to recommend CDC to our clients due to CDC’s expertise, professionalism and outstanding track record in recovering compensation for companies damaged by cartels.“
Dr Peter Gussone, Partner at MJG Law Firm, Germany
“Over the years the decision to recommend CDC to our client has been proved right with multiple successes under the claims. CDC has proved itself a specialist in taking each case all the way to a successful completion.”
Ulf Djurberg, Partner at Setterwalls Law Firm, Sweden
“In general, pursuing cartel damages actions with a desired result has proven to be quite challenging, and often also burdensome and costly. From an external counsel’s perspective, CDC’s business model has provided the most effective solution for these hindrances.“
Teemu Taxell, Partner at Merilampi Law Firm, Finland
“CDC proved to be a company with values and very diligent. My client would not have been in a position to quantify the damages sustained as a result of two Europe-wide cartels had it not been for CDC. For all the professionalism and dedication showed, I gladly recommend CDC.“
Domingos Cruz, Partner at CCA Ontier Law Firm, Portugal
Why choose CDC?
The experience and know-how of CDC ensures optimum results.
CDC is specialised in the recovery of antitrust damages for over 16 years and has an outstanding track-record.
Choice of best placed jurisdiction and cooperation with best legal and economic experts.
Expertise in economics, statistics, computer programming, and data analysis.
Access to market-wide data and information needed to robustly prove damages in court.
No direct involvement of your company in legal proceedings against current suppliers.
All costs and risks associated with the legal proceedings are assumed by CDC.
CDC possesses a multidisciplinary and pan-European team to minimise external costs.
Independence ensures true alignment of interests. No hidden interest of third parties (e.g. funders).
Stronger negotiating power.
Significant synergies in the compensation process.