In a long and eagerly awaited decision, the Competition Appeal Tribunal (CAT) handed down a landmark judgment on 8 June, 2022 approving the Road Haulage Association’s application for a Collective Proceedings Order (CPO) in respect of damages claims arising from the European Commission’s Trucks Cartel decision.
The Road Haulage Association (RHA) seeks to represent all claimants who want to sign up for a follow-on damages action relating to the cartel in medium and heavy trucks, which took place between MAN, Volvo/Renault, Daimler, Iveco (now Stellantis) and DAF, over a 14-year period between 1997 and 2011.
The CAT has now given the green light for the claim to proceed and in doing so has given tens of thousands of truck operators access to justice for the losses they suffered from one of the longest running and most significant pan-European cartels of recent times. The European Commission has stated that it believes nine out of every 10 medium and heavy trucks sold in Europe were affected by the infringement.
The RHA has over 18,000 claimants signed up and registered already and will shortly be inviting any other qualifying operators to join the claim. The estimated value of the claim is in excess of £2 billion.
Steven Meyerhoff, Director at Backhouse Jones (legal representatives for the RHA) said, “Today’s decision by the CAT to certify the RHA’s application for a Collective Proceedings Order is a comprehensive endorsement of a well thought out ‘opt-in’ application and a major step forward for road haulage operators seeking legal redress in respect of losses resulting from the Trucks Cartel. The RHA will now be authorised as class representative to bring a claim for all qualifying purchasers of new and used trucks between 1997 and 2015.”