The RHA has been granted a Collective Proceedings Order (CPO) and given the go-ahead by the Competition Appeal Tribunal to seek compensation for more than 18,000 operators, after a price fixing cartel of truck manufacturers was found to have broken competition rules.
This latest court ruling is yet another step in the RHA’s long running journey to win compensation for thousands of haulage operators.
In 2014 the cartel of truck manufacturers, which included DAF, Iveco, Daimler-Mercedes, Renault-Volvo, Scania and MAN, was found by the European Commission to have breached competition law between 1997-2011 and fined almost £2.5bn for their cartel activity.
The decision gave rise to a number of compensation claims including the RHA’s class action, launched in 2018, which has been dogged by legal challenges.
The RHA is bringing the only UK collective claim against the truck cartel to obtain compensation for road transport operators who purchased or leased trucks from 1997 onwards.
Operators are entitled to claim for the difference between what they paid for their trucks and what they would have paid if the cartel had not existed.
RHA MD, Richard Smith said: “This is great news as the CPO is the legal instrument that permits us to move forward and seek to secure the compensation operators have long awaited.
”During a recent hearing one of the manufacturers – DAF – indicated that they wish to settle. It may therefore be possible to conclude the claim before long, although this requires agreement between the parties.
“It’s been a long journey since we launched the claim for compensation in 2018.
”It came after truck manufacturers were found to have colluded together fixing prices and delaying the introduction of more fuel-efficient emissions technologies over 14 years, so we decided to try and right those wrongs and secure the recompense operators deserve.
Smith added: ”“We’ve seen off rival cartel claims and navigated many frustrating legal hurdles over the last six years. Most recently we had to satisfy a Court of Appeal ruling that said we couldn’t represent the interests of operators who purchased and leased new and used trucks.
“Today marks a significant landmark and I’d like to thank those who have registered for their patience and perseverance with us over this long journey together.”
The RHA’s collective claim is open to any company, firm, or person who purchased or leased a new truck between 17 January 1997 and 31 January 2014 or a used truck between 17 January 1997 and 31 January 2015. So far more than 18,000 operators have signed up.
There is no cost to join the collective claim and no requirement to be an RHA member.