The European Commission
has imposed a fine of EUR 800 million on Scania. It has found that Scania infringed EU
competition law by colluding for 14 years with five other truck manufacturers
on truck pricing and on passing on the costs of technologies to implement new,
more stringent emissions standards.
Scania has expressed
its intention to appeal the decision.
The
decision follows the Commission’s settlement decision on 19 July 2016. The Commission found that MAN, Volvo/Renault,
Daimler, Iveco and DAF infringed Article 101(1) TFEU by colluding for 14 years
on the pricing of trucks and on passing on the costs of compliance with
stricter emission rules. The Commission
imposed a record fine of EUR 2,926,499,000 being the highest aggregate fine
imposed to date for breach of EU competition law. The Commission stated in its 19 July 2016
press release that its investigation into Scania would continue under the
standard (non-settlement) procedure.
The
onslaught of private actions has started.
Road Hauliers Association has announced that it intends to bring a
collective action as a representative body (i.e., as an opt-out collective
proceeding in the Competition Appeal Tribunal).
Lenaghan International Transport, an Irish freight forwarding company,
commenced proceedings in September 2016 in the High Court in Ireland against
DAF, Daimler, Fiat Chrysler Automobiles, MAN, Renault, Scania and Volvo. Bundesverband Güterkraftverkehr Logistik und
Entsorgung eV, a German transport and logistics industry association, has
stated that it is seeking to bundle as many as 100,000 purchases and rentals in
a competition damages action. Claims
brought by members of the UK Freight Transport Association are believed to be
in the pipeline.
European
Commission - Press release, Antitrust: Commission fines Scania €880 million for
participating in trucks cartel, 27 September 2017
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