On 13 April 2021, the German Federal Court of Justice (“BGH”) rejected a follow-on damages claim filed against truck manufacturer Daimler in relation to the European Commission’s ("Commission") Trucks decision. Nevertheless, it is generally seen as a ruling favorable for plaintiffs seeking cartel damages against the alleged trucks cartel. Most notably, the BGH extended the factual presumption that a cartel affects sales prices to also be applicable to truck buyers further down the supply chain, i.e. only indirect purchasers of the alleged cartelists. Background In 2016, the Commission found that Daimler and at least four other truck manufacturers, including MAN, Volvo/Renault, Iveco and DAF, had colluded on prices and increases in gross list prices for trucks between 1997 and 2011. The
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The German Federal Court of Justice rejects a follow-on damage claim but extends the factual presumption that cartel effects damage truck buyers further down the supply chain (Trucks cartel II)
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