The RHA (Road Haulage Association) has been granted a Collective Proceedings Order (CPO) and given the go ahead by the Competition Appeal Tribunal to seek compensation for operators (including the 18,000+ already signed up) after truck manufacturers were found to have broken competition rules.
Commenting, RHA Managing Director, Richard Smith, said: "This is great news as the CPO is the legal instrument that permits us to move forward and seek to secure the compensation operators have long awaited. During a recent hearing one of the manufacturers - DAF - indicated that they wish to settle. It may therefore be possible to conclude the claim before long, although this requires agreement between the parties. It's been a long journey since we launched the claim for compensation in 2018."
It came after truck manufacturers were found to have operated a truck cartel, colluding to fix prices and delay the introduction of more fuel-efficient emissions technologies over 14 years. “We’ve seen off rival cartel claims and navigated many frustrating legal hurdles over the last six years,” said Richard.
The RHA advises operators to formally ‘opt in’ to the RHA claim. Those already registered will be sent an e-mail explaining the next actions to be taken. Those not yet registered may do so via the dedicated website www.truckcartellegalaction.com. Operators have until 31 December, 2024 to opt-in to the RHA’s claim.
Steven Meyerhoff, Director at Backhouse Jones, who acts for the RHA, said: “This ruling is a significant milestone that allows us to move forward to secure the compensation that truck operators have long awaited. The RHA truck cartel litigation is now in its seventh year - it’s a by-product of its pioneering nature which has seen the case visit the Court of Appeal and Supreme Court on two occasions and set a blueprint for how future litigation of this nature will be conducted.”
The claim is the UK’s first ever ‘opt-in’ class action under the new collective actions regime established by the Consumer Rights Act (2015). It seeks up to £2 billion in damages and is intended to give access to justice to thousands of truck operators impacted by a 14-year cartel comprising five major European manufacturing groups that were found to have breached competition law by the European Commission in 2016. The European Commission estimated that 9 out of 10 trucks on the roads in Europe were subject to the cartel.
Photos: Richard Smith, Director, RHA (top); Steven Meyerhoff, Director, Backhouse Jones.