The United Kingdom’s Road Haulage Association (RHA) is preparing to file a civil suit for £2bn against major truck manufacturers in the country’s Competition Appeal Tribunal (CAT).
This comes after the tribunal authorised the RHA to act on behalf of the industry to seek compensation for losses suffered as a result of the “unlawful conduct” of truck manufacturers, DAF, Daimler/Mercedes, Iveco, MAN, Scania and Volvo/Renault, who were found guilty of cartel behaviour and price fixing. The manufacturers were fined nearly €3bn by the EU for price fixing over a 14-year period.
The claim is being brought as an opt-in class action, which means anyone who is eligible must opt-in to be eligible for compensation if it is awarded.
Those eligible to opt in include companies, firms and individuals who purchased or leased new and used trucks of six tonnes and over, registered in the UK between 17 January 1997 and 31 January 2014 for new trucks, and 17 January 1997 and 31 January 2015 for used trucks.
RHA managing director, Richard Smith, urged eligible transporters to opt into the legal action to access compensation if it is awarded by the Tribunal.
“The RHA is dedicated to the interests of the road haulage sector, and we are proud to be bringing this claim in order to secure compensation for companies and individuals and to deter cartelist behaviour and poor corporate governance in our industry.”
The claim is being brought against a number of companies within the MAN, DAF and Iveco groups of companies, but the claim covers all makes of trucks, not just those manufactured by these companies.
The Competition Appeal Tribunal granted a Collective Proceedings Order on 5 August 2024, which means that the claim can proceed as a collective action.
A date for trial has not yet been set. Once the matter goes to trial, the tribunal will then decide whether the defendants have to pay damages to the class and at what level these damages are set.
The RHA has instructed Backhouse Jones, a leading law firm for the road haulage sector, as well as expert competition law specialists Addleshaw Goddard to act on its behalf. The lawyers have instructed counsel from Exchange Chambers and Brick Court.
The costs of bringing this legal action are being funded by a litigation funder so there is no cost to register for compensation.
Smith said the RHA was the only trade association dedicated to the UK road transport industry. It has 8 500 members representing over 100 000 vehicles and campaigns for the logistics industry with governmental bodies.
“We offer a voice for our members to work with policy-makers on key issues, including legislation, costs, road investment, driver facilities, and Net Zero. Members have access to technical and professional services to help them comply with regulations and run their businesses efficiently,” he said.
Eligible claimants must register their interests via www.truckcartellegalaction.com before 14 February 2025 to ensure that the opt-in process can be completed by the 28 February deadline.
