FAQs

The company has been specifically formed to independently represent the interests of those disadvantaged by the actions of the cartelists. It is not part of or affiliated to any trade body and the board members have no conflicting interests.

UKTC is a not-for-profit company that has been formed for the single purpose of securing fair compensation for those individuals and companies who have been disadvantaged by the actions of the truck cartelists. The company is independent in the sense that it is not a membership organisation and therefore is not conflicted by any current or past relationships. The company will be wound up once the mission has been completed. As a result, it is well placed to fairly represent all those affected. UKTC has been specifically structured to maximise the compensation for those affected by the actions of the cartelists.

UKTC has instructed its legal advisors to apply to the Competition Appeal Tribunal for an order to allow us to represent all class members in seeking compensation from the cartelists.

Under the Competition Appeal Tribunal’s rules, the first stage with such a claim is to make an application for a Collective Proceedings Order (CPO), certifying the claim as suitable to proceed as a collective action.

The case is currently awaiting a hearing before the Competition Appeal Tribunal, who will determine if there is sufficient reason to grant a CPO and to which party or parties. We believe that the independence of UKTC and the strength of the Board make us best placed to represent the interests of all those financially disadvantaged by the actions of the cartelist.

Once a CPO is granted UKTC can pursue a claim on behalf of all class members against the cartelists for compensation for the loss suffered as a result of the cartel. If successful, the Tribunal will make an “aggregate damages” award which will be distributed amongst all class members in a manner approved by the Tribunal.

UKTC is seeking to bring an “opt-out” claim, which means that claimants will not need to opt in to be part of the class action. This means that the remedy awarded will be available to all class members (although it is open to claimants to “opt out” of the claim). The other form of class action is an “opt-in” claim, which requires claimants to opt into the action in order to be entitled to any remedy.

Under an opt-out case, the legal costs and funding costs would not be deducted from the award of damages, enabling each victim to take its full share of the award of damages, without any deductions.

UKTC believes that the “opt-out” is the most effective way to ensure that all those adversely affected will be fairly compensated (and in particular for small operators who may not be willing or able to make their own claim or to opt-in to a collective claim). However, UKTC will seek an “opt-in claim” in the alternative.

A collective action, also known as a class action lawsuit, class suit, or representative action, is a type of legal claim where a group of people (or “class members”) are represented collectively by a class representative. The class action originated in the United States and is still predominantly a U.S. phenomenon, although it is also a feature of litigation in other jurisdictions such as Canada and Australia. The UK has made changes in recent years to allow class representatives to bring claims in the Competition Appeal Tribunal on behalf of businesses and consumers harmed by anti-competitive conduct.

UKTC is seeking an order from the Tribunal to allow UKTC to represent everyone falling within the proposed class of persons disadvantaged by the actions of the cartelists.

A cartel is an association of businesses who agree to rig the market, for example by maintaining artificially high prices or by carving up markets among themselves. A competitive market will produce lower prices than a market which is distorted by a price-fixing cartel. Cartels restrict fair competition and are unlawful.

Five European truck manufacturers have admitted that they participated in an unlawful cartel and were therefore guilty of a serious violation of EU competition rules, and they were fined almost €4 billion.

MAN, Volvo/Renault, Daimler/Mercedes, Iveco, DAF admitted their unlawful behaviour, and Scania has now also been found guilty of a serious abuse of EU competition rules. Over a 14-year period, they fixed prices, agreed the costs that truck purchasers should be charged for emissions technologies (Euro 3, 4, 5, and 6), and delayed the introduction of emissions technologies.

As a result of the cartel, we believe that UK truck owners and leaseholders paid too much for the trucks that they purchased or leased during the cartel period (1997 – 2011) and for a period afterwards.

Although only six manufacturers have been found to have participated in the cartel (with MAN, Volvo/Renault, Daimler/Mercedes, Iveco, DAF having admitted to their involvement, and with Scania also being found to have taken part), UKTC’s class also includes anyone who purchased or leased trucks made by other manufacturers.

This is because we believe that the cartel affected the prices charged for trucks across the market (and not just the trucks manufactured by the cartelists), and that the cartelists should therefore also be held liable for these wider effects of their cartel.

We believe that, if you registered a truck in the UK between 1997 and 2011, you are likely to have paid too much and you are entitled to compensation.

In simple terms, your business is entitled to claim for the difference between what you paid for your trucks and what you would have paid if the cartel had not existed. UKTC is seeking compensation of up to £20,000 per truck for everyone who acquired one or more of the 648,000 or so medium and heavy trucks registered in the UK in the period 1997 to 2011.

Since the truck manufacturers also jointly delayed the introduction of more fuel-efficient emissions technologies, UKTC is seeking to ensure that truck owners are compensated for any increased fuel costs that they paid as a result.

If you or your business is already making a claim against any of the truck manufacturers for compensation as a result of the Cartel, you will not be able to also form part of UKTC’s class action. You cannot claim in both cases.

You or your business can claim for any new Medium Trucks (between 6 and 16 tonnes) or new Heavy Trucks (over 16 tonnes) that were purchased (outright or on finance) or leased and registered in the UK between January 1997 and January 2011. However, you may also be able to claim for new trucks purchased or leased after January 2011 until prices returned to competitive levels (the so-called “run-off” period). The claim is limited to new trucks registered in the UK.

The claim is not limited to trucks manufactured by the cartelists, but also extends to all new medium and heavy trucks. This is because we believe that the cartel affected the prices charged for medium and heavy trucks across the market and not just the trucks manufactured by the cartelists, and that the cartelists should therefore also be held liable for these wider effects of their cartel.

No – this is a follow-on claim and the Trucks cartel decision of the European Commission did not make any findings on second-hand trucks. Also, every second-hand truck was once a new truck and we are making the claim as simple as possible to make use of the special rules on collective proceedings for competition claims.

If successful, the Competition Appeal Tribunal will make an “aggregate award of damages” which means a total sum will be awarded based on all the losses caused by the cartel to the class as a whole. This will then need to be distributed to individual class members in a way approved by the Tribunal.

Our current plan is to pay out based on your expenditure on new trucks in each year of the cartel. The actual amount of compensation per truck will be determined at a future date at which time class members will be paid out in full.

Please retain any documents you have from January 1997 about new trucks you bought or leased. This includes purchase documents, finance documents, lease documents, registration documents, annual accounts, information on the costs of your business, and price lists.

Please contact us to discuss this. This will not prevent you from claiming. UKTC can also obtain relevant data from other sources and the manufacturers and finance companies should also have records of your purchase or lease.

No, your claim will be eligible even if you purchased or leased your new truck through dealerships and other third parties.

Your claim will be eligible even if you have sold the trucks in question.

January 1997 to January 2011. However, you may also be able to claim for trucks purchased or leased after January 2011 until prices returned to competitive levels (the so-called “run-off” period).

UKTC is seeking compensation of up to £20,000 per truck. The precise sum will depend on the cost of the truck and the circumstances of your business.

Please contact us for further information.

Until the Collective Proceedings Order is granted by the Competition Appeal Tribunal no organisation has a mandate to ask individuals or companies to sign up because there is no valid claim to sign up to. UKTC would like the Tribunal to award an “opt-out” CPO which would mean you will be automatically included in the claim unless you contact us to opt out of the claim.

In the event that the Tribunal awards the UKTC an “opt-in” CPO, UKTC will mount a major campaign to invite eligible truck owners to opt into the claim.

There will be no cost to you or your business in joining the claim. UKTC has the support of a litigation funder and solicitors who are underwriting all the legal costs, including the risk that the case does not proceed.

If successful, UKTC will ask the Tribunal to order the cartelists to reimburse Weightmans’ fees, the funder’s fees and the disbursements paid by the funder. Any expenses and costs which cannot be recovered from the cartelists will be met by the Weightmans and/or the funder.