for anti-competitive agreements. It therefore makes sense for companies that maintain large fleets, as well as cities and municipalities, to have the assertion of damages against the cartel participants examined.
Background: Cartel agreement between major truck manufacturers
The imposition of the fine by the European Commission marks the end of an extensive investigation into European truck manufacturers. According to the European Commission's investigation, the manufacturers MAN, Volvo/Renault, Daimler, Iveco and DAF coordinated prices for medium and heavy trucks across Europe between 1996 and 2011, thereby violating the European legal provision of Art. 101 TFEU (the so-called cartel prohibition).
Liability for damages of cartel participants: Section 33 GWB
The possibility of claiming damages from the cartel participants remains unaffected by the official conclusion of the proceedings and the imposition of the fine. The central basis for claims under current law is Section 33 ARC. According to this provision, (a) anyone who intentionally or negligently (b) violates the provisions of the ARC or Art. 101, 102 TFEU is obliged to pay compensation for the resulting damage.
Anyone who purchased a truck from one of the cartel participants during the period in question can therefore claim compensation. All participants in the cartel are jointly and severally liable: the affected party is free to choose which cartel participant to claim against and to what extent.
Practical hurdles: Quantification of damages and impending statute of limitations
In principle, the amount of damages is the difference between the excessive price actually paid as a result of the cartel and the competitive price that would have been payable in the absence of the cartel agreement. In practice, the exact determination and proof of this damage is not without its problems.
Finally, cartel victims must bear in mind that their claims for damages are subject to the statute of limitations. The examination and assertion of claims for damages should therefore not be postponed to the distant future, but should be carried out in the short term.
Dr. Tilmann Gäde / Dr. Bernd Richter