The EU General Court has rejected an appeal by Scania against the European Commission decision finding Scania was part of the trucks cartel.

The Court found that the EC did not breach Scania’s rights during the procedure in which most of the cartel members agreed to settle the matter with the EC.  Scania chose to contest the charges against it in the so-called statement of objections.  The Court also confirmed the EC findings attributing to Scania a single and continuous infringement on the market for medium and heavy trucks in the European Economic Area.

In July 2016 the EC issued a settlement decision, imposing €2.92bn in penalties on DAF, Daimler, Iveco and Volvo/Renault.  Truck manufacturer MAN received full immunity from any fine having blown the whistle on the cartel which related to the heavy and medium heavy trucks market between 1997 and 2011, including passing on the cost of complying with new emissions rules to customers.

Scania elected not to enter into a settlement with the EC.  As a result, the EC continued its proceedings against the company and subsequently imposed a penalty of €880m in September 2017.  Scania appealed the EC’s decision and fine and in June 2020 the GC conducted a hearing behind closed doors.

The Court’s decision will be welcomed by many potential cartel victims seeking redress, both in the UK and more widely across Europe. However, it remains to be seen whether Scania will appeal to the European Court of Justice.

You can view the judgement here.