Irish hauliers bring claim against truck manufacturers

Dozens of damages claims brought by Irish hauliers against Europe’s biggest truck manufacturers who allegedly engaged in anti-competitive practices, have come before the High Court.

The claims arise out a determination by the European Commission last July which found that five major truck manufacturers — Man, Volvo Renault, Daimler, Iveco and Daf — broke EU competition laws. The commission found that the truck makers 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 said its investigation, which began in 2011, found the manufacturers had co-ordinated prices at a gross level for medium and heavy trucks in the the European Economic 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 to Man as it had revealed the existence of the cartel to the commission.

As a result of the findings, dozens of Irish hauliers, represented by counsel Paul McGarry and solicitor Evan O’Dwyer, have launched separate damages actions before the Irish High Court for alleged breach of Irish and EU competition laws. The actions are believed to be the first of their type in Europe to be taken arising out of the commission’s findings.

In their actions, which have been brought against parties including the truck manufacturers as well as against various Irish-based dealerships that sold the vehicles, the hauliers seek damages, including exemplary and punitive damages for negligence and breach of contract. They also seek compensation under the Competition Act and under Article 101 of the Treaty of the European Union.

The cases were briefly mentioned before Mr Justice Max Barrett at the High Court yesterday. Mr McGarry told the court that about 30 individual claims have already been lodged and between 40 and 50 more similar actions were pending.

Counsel also said that proceedings had also been taken against Scania.

The judge agreed to adjourn the cases to a date in late April.