Claims against MAN Truck & Bus: the trucks cartel
MAN, the German truck maker in the Traton group, took part in the trucks cartel but was not fined because it revealed the cartel to the European Commission. That immunity does not protect it from damages claims: buyers of MAN trucks have also claimed for the overcharge.
- Damages for overcharges
- In July 2016 the European Commission found that MAN, Volvo/Renault, Daimler, Iveco and DAF had colluded for 14 years (1997 to 2011) on truck pricing and on passing on the costs of emissions technology, and in September 2017 it found the same about Scania. Buyers and lessees of medium and heavy trucks from that period have claimed the extra price they paid.
- Group claims
- Many hauliers have joined group claims organised by law firms, associations or claim vehicles, often backed by litigation funders, in Spain, Germany, the Netherlands, the United Kingdom and elsewhere.
- How the overcharge is proved
- Claims rely on expert economic reports comparing cartel prices with the prices that would have applied without the cartel. Courts in several countries have estimated the damage when the evidence was incomplete.
- Deadlines
- In Volvo and DAF Trucks (C-267/20, June 2022) the CJEU held that the limitation period for these claims could not start before the Commission's decision was published in the EU Official Journal (April 2017 for the main decision), and applied the rules of the Damages Directive to many claims. Each country's limitation rules then apply, and some claims are already out of time. Check your dates with a lawyer before assuming your claim is open. Indicative period in Germany (non-contractual damages (tort)): 3 years (from knowledge).
Frequently asked questions
Can my company still claim against MAN Truck & Bus?
Possibly, depending on the country where you sue and when your limitation period started. After the CJEU's 2022 ruling many claims were filed, but each country's own rules decide whether yours is still open.
Do I need the original invoices?
They help a lot. Where they are lost, registration records and bank statements can sometimes prove the purchase and its price.
Who pays the expert report?
In group claims the funder or the law firm usually advances it and recovers it from the proceeds. In an individual claim, ask the firm how it is paid.
- Class action lawyers in Germany
- Limitation checker for Germany
- Official source: European Commission: trucks cartel decision, July 2016
- Official source: CJEU, Volvo and DAF Trucks, case C-267/20 (limitation of cartel claims)
- Official source: Directive 2014/104/EU on competition damages actions (EUR-Lex)
- Claims against Daimler Truck
- Claims against Volvo Trucks
- Claims against DAF Trucks
- Claims against Iveco
- Claims against Scania
- All claim guides by sector and country