The High Court will order DAF to give the Royal Mail disclosure
of information from the European Commission’s trucks cartel file.
Royal Mail is seeking £270 million in damages representing the
overcharge it allegedly paid as a result of a cartel between major European
truck manufacturers spanning 14 years. The claim is one of many in
progress and in the pipeline which have been filed in the UK and in other
Member States. The Settlement Decision (addressed to undertakings in the MAN,
Volvo/Renault, Daimler, Iveco and DAF groups) and the Infringement Decision
(addressed to the Scania undertaking) concern the same anti-competitive conduct
– which consisted of:
a. coordination amongst the
participating undertakings in respect of the EEA gross list prices for medium
trucks (weighing between 6 to 16 tonnes) and heavy trucks (weighting 16+
tonnes) (
b. coordination amongst the participating
undertakings in respect of the timing of introduction of new emissions
standards on affected trucks and the extent to which the costs associated with
the introduction of these standards would be passed on.
The Settlement Decision by its nature is relatively limited in
terms of the detail of the infringements and operation of the cartel.
Mrs Justice Rose has ordered DAF to disclose evidence in two
stages. The first is due by 28 February 2018 and consists only of
evidence about DAF that is redacted for confidentiality and for privileged or
leniency material. The second, containing evidence about other
participants in the cartel, is due by “the end of April”. Other
participants will be able to redact confidential, privileged or leniency material.
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