Class action against the truck cartel
We get your money back
Claim your cartel damages
without risk and effort
Please note: We filed our class action lawsuit with a total of 15,000 trucks in July 2021 and extended it in December 2021. It is currently no longer possible to participate in this lawsuit.
Your compensation
More than 10,000 euros per truck possible.
No risk
Our class action is 100% funded. You bear no cost risk whatsoever.
No effort
The entire process is managed by us for you. You have no effort.
Current status of the class action
Status of the case
The Rechtbank in Amsterdam has decided to hear our class action in the so-called fourth wave of claims for damages against the truck cartel. For the time being, we will therefore mainly benefit from the progress (in the form of interim judgments) made in the earlier waves of lawsuits in Amsterdam. At present, it is expected that the court in the first wave will deliver a judgment on the merits (i.e. on whether truck purchasers have suffered a damage by the cartel) before the end of 2023. The lawsuits in the first wave will then subsequently move on to the second stage of the proceedings where the amount of the damages is determined.
We assume that a decision on the merits will then also be issued quickly in our fourth wave, i.e. in 2024, so that our class action can also enter the amount proceedings.
Against this background, we currently expect our class action to be concluded in 2025 or 2026. If there is an appeal against the decision of the Rechtbank, the conclusion may be delayed by another two years. At the same time, it is possible that the proceedings can be concluded earlier through settlement negotiations with the cartelists (i.e. through a voluntary payment of damages).
In any case, however, a prolonged duration of the proceedings also leads to higher proceeds for our participants, as the original damage continues to accrue (significant) interest with each year of the proceedings.
Currently no further participation possible
Due to a procedural order by the Amsterdam court, we cannot currently expand our lawsuit to include further participants or trucks since the end of December 2021.
Therefore, please understand that additional participation is no longer possible.
However, if you would like us to inform you in case of an expansion of the lawsuit or a second class action, please register below.
Our Offer
Overview
According to the European Commission's findings, the major European truck manufacturers operated an illegal cartel from 1997 to 2011. It is therefore likely that all companies that bought or leased heavy or medium-duty trucks from the manufacturers Daimler, MAN, Volvo/Renault, DAF, Iveco or Scania during this period (or even beyond because of lingering cartel effects) paid prices inflated by the cartel. These companies are therefore likely entitled to a substantial compensation from these manufacturers, which can amount to more than 10,000 euros (plus interest) per truck.
Our foundation offers all these companies the risk-free participation in a class action lawsuit to recover the damages suffered.
Class action in the Netherlands
The unilegion Truck Claims Foundation has brought a class action in the Netherlands. The court in Amsterdam is considered one of the most experienced and plaintiff-friendly courts for cartel damages proceedings in the European Union. Numerous lawsuits are already pending in the truck cartel involving a total of several 100,000 trucks.
Our class action is led by the renowned Dutch law firm bureau Brandeis, which is specialized in cartel damage cases. The law firm is already active in the truck cartel case with several lawsuits in Amsterdam bundling more than 10,000 trucks.
No cost risk for truck owners
Our foundation finances all costs of the proceedings and the entire management of the case.
Only in the event of success, the foundation receives a proportional reimbursement of the costs and a success commission. In any case, there is no cost risk for the companies joining the class action.
Currently no further participation possible
Participation in our class action filed in 2021 is no longer possible.
However, to receive further information in case of an opportunity to expand the lawsuit or set up another class action, please contact us.
The Foundation
The unilegion Truck Claims Foundation is a Dutch non-profit organisation with headquarters in Amsterdam. The foundation was established to pursue damage claims of truck buyers affected by the truck cartel, either in or out of court.
Our goal is to work in close coordination with European business and industry associations in order to form as broad an alliance as possible.
Around 750 companies have joined the Foundation's class action lawsuit.
The foundation only receives a commission if the case is successful. Damaged companies can join the class action completely without any cost risk. All costs for claim enforcement are borne by the foundation, which is supported by external litigation financiers. As a non-profit organisation, the foundation does not make any profits.
The Truck Cartel
In two decisions in July 2016 and September 2017, the European Commission imposed record fines totalling ca. €3.8 billion on the major European truck manufacturers Daimler, MAN, Volvo/Renault, DAF, Iveco and Scania.
According to the EU Commission's findings, the manufacturers had entered into agreements on prices and gross price increases concerning the heavy and medium-duty trucks they produced and sold in the European Economic Area in violation of EU competition law between 1997 and the beginning of 2011. In addition, the cartelists agreed on the timetable and the passing-on of costs for the introduction of the Euro 3 to 6 emission protection standards.
MAN had uncovered the cartel as a whistleblower. With the exception of Scania, all truck manufacturers have admitted the accusations.
“We are today imposing the highest fines ever for a single cartel. [...] This cartel concerns a very large market and continued for a long period of time.”
“Today’s decision is important for safeguarding real competition in the trucks sector in Europe. The fact that these truckmakers took part in a cartel [...] is a clear infringement of EU competition rules.”
Press
“Customers will be able to bring civil claims for damages against the companies in national courts. The commission’s antitrust directive, which must take effect by the end of 2016, is designed to make it easier for victims of anti-competitive behaviour to receive damages.”
“Some of Europe’s largest truck makers have been hit with a record fine of €2.93bn after operating a price-fixing cartel for 14 years. [...] The fine is the largest ever for a cartel, dwarfing the previous record of €1.4bn for a television and computer monitor cartel in 2012.”
“Bentham Europe estimates that ten million trucks were sold in the EU during this period. The average cartel-induced price premium may be 10,500 EUR.”
Our Law Firm
“Due to the European Commission’s comprehensive findings of infringement and the fact that almost all truck manufacturers have admitted to the cartel, this case offers very good prospects of recovery for damage claims.”
The Foundation is represented by the law firm bureau Brandeis. The firm is already involved in one of the largest truck cartel litigation cases, representing tens of thousands of trucks from hundreds of damaged companies.
bureau Brandeis is the largest Dutch law firm with a 100% focus on litigation and extensive experience in cartel damage claims. The team is internationally renowned and frequently awarded for its excellent quality and results. bureau Brandeis regularly publishes the Cartel Damages Quarterly Report with an overview of the most important cartel damage cases in Europe.
The team is led by Hans Bousie and Louis Berger.
Frequently Asked Questions
About the foundation
How does the foundation work?
As a non-profit organisation, the foundation serves a charitable purpose, namely supporting injured truck buyers as a result of the truck cartel. The foundation does not make any profits.
Any form of financing is used exclusively for the foundation's purpose. Mainly this is for legal representation by the appointed law firm, expert witnesses and court costs. Other funds are used for participant management and information tasks.
Funding for the class action and participant management is provided by European and Swiss litigation funding service providers.
The Foundation has a highly experienced team of antitrust experts and logistics specialists. The participants in the class action are located primarily in Western Europe, in particular in Germany, France, Italy and Austria.
What does the Foundation offer?
We offer a proven litigation procedure in the Netherlands that is fast and effective, especially compared to class action procedures in Germany and other EU countries.
There are already claims pending in Amsterdam for several 100,000 trucks from all over Europe, which are being heard by the Amsterdam court in various waves of claims. Our current class action is covers about 15,000 trucks.
The unilegion class action is led by bureau Brandeis, one of Europe's most renowned law firms specialising in antitrust damages litigation.
Why is the foundation suing in Amsterdam?
The Dutch court system has been named the most effective court system by the World Justice Project three times in the last five years (WorldJusticeProject) and is also considered the best location for antitrust damages proceedings in particular (TheLawReviews).
In addition to the favourable regulations - also applicable in Germany - which are based on EU law, the Netherlands has long allowed the bundled assertion of claims for damages.
Moreover, the Netherlands has more favourable limitation rules, so that there are prospects of successfully asserting claims from the very early period of the cartel (i.e. since 1997).
Our lawsuit is conducted by one of the most renowned law firms in the Netherlands specialising in antitrust damages claims.
Why is the foundation in the Netherlands faster than class actions in other countries?
In the Netherlands the admissibility of class action models is widely recognised, so that we can start directly with the substantive clarification in our proceedings.
Why do I need a class action at all instead of handing the case over to my own lawyer?
A lawsuit is only likely to be successful if it is handled by specialised lawyers and competition economists. Such specialists are very expensive (regularly 6 to 7 figures for a case), which is why an isolated assertion is usually only worthwhile for very large sums of damages.
The lawsuits against the truck cartel by individual, small buyers that have failed were often conducted by non-specialist law firms. In addition, if you go directly through a lawyer, you usually have to pay the high costs in advance. In contrast, you bear no cost risk if you join the legal action financed by us.
About the process
What are the advantages of working with the unilegion foundation?
- The lawsuit takes place in the Netherlands, where class actions are permitted and have been common practice for a long time.
- The court in Amsterdam is experienced, the duration of proceedings is usually shorter compared to Germany and the costs are lower. Therefore, unilegion can offer its clients a lower success commission.
- Judgments from Amsterdam are just as "effective" and enforceable as German ones. In this respect, there are also significant advantages compared to a lawsuit in the UK, where the Brexit uncertainties are not foreseeable.
- The limitation rules in the Netherlands are more generous. There is therefore the prospect of still successfully asserting claims from the very early phase of the cartel (i.e. from 1997 onwards).
- cartel damages bear interest in the Netherlands - and compound interest at that. This results in a very significant interest effect, which can amount to 100% and more of the damage sum for early acquisition transactions.
- The action is represented by one of the most renowned law firms specialised in the enforcement of antitrust damages claims in the Netherlands.
- The Amsterdam court is already hearing several dozen claims for more than 100,000 trucks in several waves of lawsuits. By combining these lawsuits in so-called waves of lawsuits, a greater, bundled bargaining power of the injured parties against the truck manufacturers is achieved.
- The lawsuit is financed by a European litigation financier with a very experienced team at attractive conditions.
Can I still participate in the class action?
Our class action was initiated in July 2021 and extended in December 2021. It is currently no longer possible to extend the class action again for the purpose of including new participants or trucks. However, you can contact us if you want us to inform you in case an opportunity opens up to participate or we set up another class action.
When will I receive damages?
Antitrust damages proceedings regularly take 2-5 years. In many cases, a settlement is reached beforehand (especially after the expiry of the limitation periods, i.e. when the cartelists no longer have to expect further claims to be asserted). We also benefit from the fact that the first wave of lawsuits on the truck cartel has already been running for two years in the Netherlands, so that a first (though probably not yet final) decision is expected there as early as this year. Nevertheless, we assume that a court decision on our class action is not to be expected before 2024. However, settlement negotiations with the cartelists about an out-of-court settlement may take place before then.