The High Court has been urged to direct that a small number of representative cases be chosen for an early hearing which will determine dozens of actions brought over anti-competitive conduct that led to alleged overcharging in the truck market.
The claims arise out of a 2016 European Commission decision that found five major truck manufacturers breached competition law by colluding for 14 years on truck pricing and by passing on the costs of compliance with stricter emission rules to their customers.
Record fines totalling €2.93 billion were handed out to most of the companies, except MAN truck manufacturers, as it had revealed the existence of the cartel to the commission.
As a result, dozens of Irish hauliers, truck rental firms and firms with large fleets launched separate Irish High Court actions seeking compensation for the alleged overcharging on trucks they had bought or leased.
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They include well-known names such as National Truck Rental and the ESB. Some cases started in 2016, but the most recent came in 2021.
The defendants – Scania, DAF, MAN, Daimler (now Mercedes-Benz) and Iveco – deny the claims.
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On Wednesday, Paul McGarry SC, for the plaintiff companies, asked Mr Justice Max Barrett to direct the parties to identify a sample of cases which could be case managed so that they can go to trial as soon as possible. Counsel suggested there are some 150 cases at this stage and a representative sample of them could be narrowed down to about 12.
This was in circumstances where there continued to be a dispute about information being requested by the defendants from the various plaintiffs, he said.
However, his side has written to say they have provided all the information they have but there remained a “litany of complaints” from the defendants, he said.
Counsel’s view of this was that any evidential deficit concerning these matters could be dealt with at the trial.
Lawyers for the truck manufacturers opposed the application, saying the issue of information from the plaintiffs continued to be canvassed because there had not been proper compliance with rules for providing this information. They asked the court to direct such compliance before the case returns to court to deal with other issues.
Mr Justice Max Barrett said he would consider the submissions and come back with written directions for the parties.
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