High Court to hear dozens of hauliers' cases over anti-competitive truck prices next year

Dozens of damages claims brought by Irish hauliers against Europe's biggest truck manufacturers over allegedly engaging in anti-competitive practices will most likely be heard next year.

High Court to hear dozens of hauliers' cases over anti-competitive truck prices next year

Dozens of damages claims brought by Irish hauliers against Europe's biggest truck manufacturers over allegedly engaging in anti-competitive practices will most likely be heard next year.

The claims arise out a determination by the European Commission in 2016 which found that five major truck manufacturers MAN, Volvo Renault, Daimler, Iveco and DAF broke EU antitrust laws.

The truck makers, the Commission found, had colluded for 14 years on truck pricing and on passing on the costs of compliance with stricter emission rules to their customers.

The Commission investigators found the manufacturers had co-ordinated prices at a gross level for trucks in the EEA area and had passed on the costs of emission technologies required to comply with strict European emission standards to buyers.

Record fines totalling €2.93bn were handed out to the companies, except MAN as it had revealed the existence of the cartel to the commission.

As a result of the commission's findings dozens of Irish hauliers, represented by Paul McGarry SC, launched separate damages actions before the Irish High Court for alleged breach of Irish and EU competition laws.

The actions are against the truck manufacturers and various Irish-based dealerships that sold the vehicles. The hauliers seek damages, including exemplary and punitive damages for alleged negligence and alleged breach of contract.

To date more than 50 cases have been filed, but more are expected to be taken.

Those proceedings were stayed pending the outcome of a decision by the European Court of Justice (ECJ) on preliminary points of law raised similar in actions brought before the Hungarian courts.

The ECJ was asked to clarify if domestic courts, such as the Irish High Court, have the ability to hear cases in which truck owners are maintaining claims for compensation.

The ECJ ruled in late July that hauliers' claims for compensation can be brought before the domestic courts of member states, clearing the way for the Irish cases to proceed before the Irish High Court.

The cases were briefly mentioned before Mr Justice Max Barrett at the High Court.

The Judge set out a timetable for the exchange of documents in the case, and adjourned the matter to a date next Feburary. It is likely that a date will be fixed for the hearing of the actions sometime in 2020.

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