financialright claims

The truck cartel - secret price fixing by leading manufacturers

On 19 July 2016, the European Commission imposed fines on leading truck manufacturers Daimler, Volvo/Renault, Iveco, MAN and DAF (the "cartel members"). These manufacturers were found guilty of, through impermissible price fixing, having formed a cartel between 1997 and 2011 for medium and heavy trucks. On 27 September 2017, the European Commission also found that Scania had participated in the cartel and imposed a fine.

Scania ultimately failed with a lawsuit against the European Union's decision before the European Court of Justice (ECJ) on February 1, 2024, making it legally binding that Scania was also involved in the truck cartel.

It is now also possible to sue Scania for damages. We therefore recommend that you register your trucks that are not yet pending on our partner website now. All brands can be submitted, as each truck manufacturer involved in the cartel (Daimler/Mercedes, MAN, Volvo/Renault, DAF, Iveco) is jointly and severally liable. The proceedings, which were ongoing until recently, also suspended the statute of limitations, so that it only began to run again after the final judgment on February 1, 2024. You can therefore submit trucks from the entire cartel period and the post-cartel period 1997 - 2016 to us.

Clicking on this link will take you to our partner website, where you will find further information on the new action and can easily register your company.

Registration

Together we will succeed: our coalition against the truck cartel.

Did you purchase or lease medium or heavy trucks from the truck cartel between 1997 and 2011? Then you most likely paid too much.

Based on a study commissioned by the European Commission some time ago, on average, international cartels resulted in damages in the amount of 20% of the purchase price. The exact damages must be determined by a recognised and reputable competition economist.

The truck cartel could also have led to higher prices for the period after 2011 as well as for trucks from manufacturers not involved in the cartel. This is already being examined by the competition economists commissioned by us.

Your damages claims

We can fight for your right with a powerful combination of:

intelligent IT infrastructure,
Dr Roman Inderst, the renowned competition economist,
and Arnecke Sibeth Dabelstein, the prestigious competition law firm.

Who can enforce claims for damages?

You are affected by the truck cartel if, between 1997 and 2016, you acquired medium and heavy trucks through purchase, lease or hire purchase. For such vehicles, compensation for damages may be demanded for any overpaid price. If interested, you are welcome to register for the new claim against the truck cartel, so we can assert your claims for your not yet registered trucks. Click here to join the list of prospects

Great reasons to register with financialright claims:

1. No risk of costs

Our cost model is simple and transparent – and risk-free for you. We receive a success commission only if we succeed for you; such commission will be deducted from the compensation sum. Otherwise, you will not pay anything.

2. Cooperation with competition experts

Through our cooperation with the law firm Arnecke Sibeth Dabelstein, which specialises in competition claims, and the renowned competition economist Dr Inderst and his team, we can guarantee that you will have the best possible expertise.

3. Cooperation with associations

Together with the BGL (Bundesverband Güterkraftverkehr Logistik und Entsorgung (BGL) e.V.), we can offer a solution for the enforcement of claims for damages as developed for freight forwarding - reviewed by the legal department of the BGL. More than 20 national and international associations have already joined the initiative, with more than 160,000 trucks registered so far.

4. Best possible management of your claims for damages

Together with a powerful team, we are engaged in pursuing the rights of a large group of claimants. In doing so, we can handle the entire procedure for you: from data analysis, through the involvement of the expert, up to the filing of the lawsuit and disbursement.

1. No risk of costs

Our cost model is simple and transparent – and risk-free for you. We receive a success commission only if we succeed for you; such commission will be deducted from the compensation sum. Otherwise, you will not pay anything..

2. Cooperation with competition experts

Through our cooperation with the law firm Hausfeld, which specialises in competition claims, and the renowned competition economist Dr Inderst and his team, we can guarantee that you will have the best possible expertise.

3. Cooperation with associations

Together with the BGL (Bundesverband Güterkraftverkehr Logistik und Entsorgung (BGL) e.V.), we can offer a solution for the enforcement of claims for damages as developed for freight forwarding - reviewed by the legal department of the BGL. More than 20 national and international associations have already joined the initiative, with more than 160,000 trucks registered so far.

4. Best possible management of your claims for damages

Together with a powerful team, we are engaged in pursuing the rights of a large group of claimants. In doing so, we can handle the entire procedure for you: from data analysis, through the involvement of the expert, up to the filing of the lawsuit and disbursement.

Our team and our expertise

Intelligent information technology

Since every truck is handled individually, enormous amounts of data are generated in this regard. Evaluating such data requires experts in intelligent IT infrastructures. financialright claims specialises precisely in such complex mass processes and offers the best possible solution here.

Prestigious competition attorneys

financial right claims has commissioned the prestigious law firm Arnecke Sibeth Dabelsteinwith the legal enforcement of the claims. Arnecke Sibeth Dabelstein is one of the most experienced law firms in cartel damages proceedings.

Renowned economists

Proceedings are supported by Dr Roman Inderst, who is one of the leading experts in the field of the calculation of cartel damages, as specialist.

Any questions?

financialright claims GmbH
Behringstraße 28a
22765 Hamburg
Phone: +49 40 468 986 260
E-Mail: [email protected]

Contact by E-Mail

About us - who is financialright claims?

We can put you on equal footing with the big corporations and enforce your rights. Our team of attorneys, software developers and database experts takes the law to a new level of quality for our customers – conveniently, professionally and without risk.

financialright claims was founded by Dr Sven Bode. Prior to this, with Dr Philipp Kadelbach, he founded flightright, the market leader in the enforcement of passenger rights services as known from TV & press, which has now helped over half a million people throughout Europe.

FAQ

What benefits do I have with financialright claims?

Competition proceedings are often complicated, time-consuming and costly. The calculation and proof of damages are only possible with a great deal of data.

The clear benefits of working with us include the following:

1. Strong team of experienced experts - In order to enforce your claims professionally and successfully, we work together with the prestigious law firm Arnecke Sibeth Dabelstein and Dr Roman Inderst, the renowned competition economist. They have considerable experience and an extraordinary reputation in this field, so that you can be supported in this effort by a strong team of experts.

2. Intelligent IT solutions - Through our efficient and specialised IT infrastructure, we can provide you with the best possible solution for enforcing your claims.

3. No risk of costs - We assume the enforcement of your claims on the basis of a pure success commission on the damages obtained. We bundle the claims of our customers. This allows many truck buyers to successfully enforce their claims, as we bear all the costs and risks.

Is there a period of limitations for claims for damages?

What compensation can I expect?

Should I assert my claims in court separately? I can still attempt to negotiate with the truck manufacturers.

Of course, anyone who has purchased or leased a truck, or acquired a truck through hire purchase, can attempt to find a solution with the truck manufacturers alone. As a rule, however, such an approach is likely to be futile. At this time, truck manufacturers are either not prepared to negotiate, or at best are offering economic concessions on future purchases, hire purchases or leases of trucks. However, such purportedly better terms will certainly be well below what is likely to be the damage, which is roughly estimated at 5% to 20% of the purchase price, plus interest.

Will a settlement be sought?

What is the collection period?

You can register trucks with us which were acquired in the years of 01.04.2004 to 2016. The deadline for the registration of vehicles from the period of 1997 to 2003 has already expired. Therefore, claims can no longer be enforced with us for that period of time. The period of the truck cartel determined by the European comission was 1997 until 2011; we assume an aftereffect of the truck cartel until 2016.

For which trucks can I demand claims for damages through financialright claims?

Can I assert claims for damages for used trucks and demonstration vehicles?

Can I assert claims for damages for rented vehicles?

What costs will arise for me?

What vehicle documents do I have to provide for the lawsuit?

I missed the deadline for the first and the second lawsuit - what now?

What is the EU Commission's decision on the truck cartel?

The decision of the European Commission of 19 July 2016 determined, after many years of investigation, that the truck manufacturers Daimler, DAF, IVECO, MAN and Volvo/Renault formed a cartel regarding secret price fixing from 1997 to 2011. For such violations, the EU Commission imposed a monetary penalty of 2.927 billion euros against the cartel members. The manufacturer Scania had rejected the cartel allegations. Only MAN was able to achieve leniency from the fine, since the truck manufacturer, as a key witness, informed the Commission of the cartel. You can read the decision of the European Commission of 19 July 2016 here. On 27 September 2017, Scania was also subject to a fine of 880 million euros for impermissible price fixing. Scania contested the decision. Please also read the decision of the European Commission against the truck manufacturer Scania.

I am a member of the association - what does that mean for me?

We work with various associations, including the BGL (Bundesverband Güterkraftverkehr Logistik und Entsorgung (BGL) e.V.) and the AMÖ. For example, we offer a solution for the enforcement of claims for damages as developed for freight forwarding on the initiative of the BGL - reviewed by the legal department of the BGL. More than 20 national and international associations have already joined the initiative, with more than 160,000 trucks registered. Please state your association when registering.

Do class actions even exist?

Yes, they already do with us. Colloquially, a class action designates the bundling of claims that are brought together into a single lawsuit. The bundling of parallel claims against the same defendant is expressly provided for in Paragraph 260 of the German Code of Civil Procedure (Zivilprozessordnung), since a multitude of further proceedings are avoided with one court proceeding. Due to the fiduciary assignment, it is possible for financialright claims to bundle the parallel claims of affected truck buyers, and combine them into one or more lawsuits. Incidentally, class action lawsuits have long been customary in competition proceedings. Large companies such as Deutsche Bahn have initiated such class action lawsuits regarding hundreds of millions of euros in litigation value, most recently regarding the air freight cartel.

What information is available for the already filed lawsuits?

The first lawsuit against the truck cartel was filed in the end of December 2017 , the second one in December 2018 at the County Court I in Munich. In the first claim more than 3,200 companies are being represented with over 85,000 trucks, in the second claim more than 3,800 companies are represented with over 64,000 trucks. The duration as well as the result of the lawsuits are uncertain. Due to the size it will probably take several years.