Method
How trucks cartel late payment interest is calculated
Most hauliers value their loss at the price increase alone. That badly understates it: the interest often exceeds the capital.
Two inseparable components of the loss
Financial assessment rests on two pillars: the direct economic loss suffered on the day of the transaction, and its reparation restated to the date of judgment or claim purchase.
The base overcharge, between 10 and 20 % of the net purchase price, is the capital of the loss. But in civil and commercial law the victim of an antitrust infringement is entitled to full reparation: the sum unduly received must be restated to compensate for inflation, the cost of money and the loss of cash suffered since payment.
Article 3 of Directive 2014/104/EU states explicitly that this reparation includes the right to interest from the moment the harm occurred until the compensation is paid.
|
Jurisdiction |
Restatement rule applied |
Effect for the haulier |
|---|---|---|
|
Netherlands |
Statutory commercial interest, wettelijke rente |
Particularly favourable to claimants |
|
Germany |
Section 33a GWB, five points above the ECB rate |
High restatement over a long period |
|
France |
Statutory commercial rate increased from formal notice |
Interest running from the formal claim |
The calculation in figures
Take a tractor unit bought new in 2004 at EUR 100,000 net. The base overcharge is EUR 15,000. The interest multiplier over twenty-two years at 4 % per year is about 2.37. The total claim therefore reaches EUR 35,550.
In that example the late payment interest represents EUR 20,550, more than the original overcharge. That is why the limitation question is decisive: every year that passes grows the claim, provided the right to act is preserved.
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.
The calculation is identical whatever the financing: it applies to the inflation paid at the outset, whether the vehicle was bought outright, financed on hire purchase or operated on long-term hire.
Eligibility check
Send us your invoices, lease agreements, registration documents or asset registers covering 1997 to 2014.
Audit and firm offer
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Guided decision
You choose between a cash purchase of your claim within 30 days and litigation on a success-fee basis.
Payment released
The compensation is credited directly to your company bank account.
Frequently asked questions
The other files in the expertise centre
All the analyses in this section, plus the Legal expertise hub for the overview.
Case AT.39824 explained
How the collusion worked, the delayed Euro standards and the breakdown of the EUR 3.8bn in fines.
Limitation periods 2026-2029
Deadlines compared across France, Germany, the Netherlands and Spain after the Scania ruling.
Calculate the late payment interest on your fleet
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