Expertise centre

Trucks cartel: legal framework and European case law

Commission decision, antitrust directive, Court of Justice ruling: the legal foundation that makes your claim admissible across the 27 member states.

3
European legal pillars
27
Member states covered
2028-2029
Window for action
5
Detailed analyses available

Three European pillars make your action admissible

The European Commission decision is proof of the infringement beyond challenge. National civil courts no longer rule on whether the cartel existed, only on quantifying each haulier’s loss. European law calls this the binding effect.

Directive 2014/104/EU then establishes a legal presumption that cartels inflate prices. It protects direct buyers and lessees alike by organising proof that the overcharge was passed on.

Finally, the irrevocable dismissal of Scania’s appeal by the Court of Justice closed the administrative chapter and pushed back limitation periods across Europe.

Loss is quantified, not presumed

Calculating damages goes well beyond the direct overcharge of 10 to 20 % of the net price. The main financial lever is the compounding of statutory late payment interest accrued over twelve to twenty-eight years.

This framework applies to every brand, from the Mercedes-Benz file to the Scania file, and to every arrangement, from outright purchase to hire purchase.

The five analyses in the expertise centre

Our lawyers and econometricians set out every technical aspect, from the founding decision to the choice between immediate liquidity and maximum yield.

How your claim is calculated

The original overcharge is only part of your claim. The decisive lever is the compounding of statutory late payment interest, accrued over twelve to twenty-eight years.

C = (Vb × α) × (1 + r)t
  • C: total claimable compensation, principal and late payment interest combined
  • Vb: gross list price or net acquisition value of the vehicle
  • α: artificial overcharge applied by the cartel, between 10 and 20 %
  • r: average statutory annual interest rate applied by the court, 3 to 5 %
  • t: number of years elapsed since the original invoice was paid

Worked example: for a truck bought new in 2005 at EUR 100,000 net, the 15 % direct overcharge is EUR 15,000. With twenty-one years of interest at 4 % per year the claim reaches EUR 34,182. The interest alone, EUR 19,182, exceeds the original overcharge.

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Eligibility check

Send us your invoices, lease agreements, registration documents or asset registers covering 1997 to 2014.

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Audit and firm offer

Our lawyers and econometricians quantify your claim within four weeks.

03

Guided decision

You choose between a cash purchase of your claim within 30 days and litigation on a success-fee basis.

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Payment released

The compensation is credited directly to your company bank account.

Frequently asked questions

It establishes the manufacturers’ fault irrevocably, which relieves victims of having to prove the cartel existed before the civil courts.

It guarantees the right to full reparation, creates a presumption of loss and protects the right of action of lessees under leasing or long-term hire.

Because the five-year period cannot begin to run until the decision finding the infringement becomes final, which only happened in 2024.

Yes. National commercial courts apply the case law of the Court of Justice to award reimbursement of the overcharge together with late payment interest.

Continue in the other sections

All the analyses in this section, plus the back to the homepage for the overview.

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