The Road Haulage Association has won its first legal battle to secure compensation for tcommercial vehicle operators who suffered financially due to price-fixing. The RHA is bringing a group, or collective, claim against DAF, Iveco, and MAN to secure financial compensation for truck operators because of the illegal price-fixing cartel engaged in by the major European truck manufacturers from 1997 to 2011.
The Competition Appeal Tribunal agreed unreservedly with the RHA that its funding arrangements and the provisions of its insurance documents are fit for purpose and will entitle the RHA to proceed with its collective claim.
The Tribunal confirmed the 2016 finding by the European Commission that truck manufacturers had participated in the cartel between 1997 and 2011, and had tried to persuade the tribunal that the RHA’s funding arrangement was contrary to legislation outlawing certain funding practices in the claims management field.
However, the Tribunal rejected all of these arguments and sided with the RHA.
The second part of the CPO application process is being delayed because another CPO application is on appeal to the Supreme Court and the Supreme Court’s judgment in that other case may impact on how the Tribunal approaches the RHA’s CPO application.
By Michelle Mooney
