CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - SPAIN - CARTELS - DAMAGES - EXPERT REPORT

Spain: The Audiencia Provincial of Cáceres entirely confirms a judgment of the commercial court of Cáceres that fully accepted a follow-on damages claim, ordering a truck manufacturer to pay € 86,111 in damages plus interest at the legal rate from the date on which the claim was filed (DAF)

In July 2016, the European Commission fined truck manufacturers DAF, Iveco, Daimler and Volvo/Renault € 2.92 billion for participating in a price-fixing cartel between 1997 and 2011. The leniency applicant, MAN, was exempted from its fine, while the non-settling firm, Scania, was fined € 880 million in September 2017. As a result, multiple damages actions have been filed in Spain since then. In February 2020, a commercial court of Cáceres entirely accepted the claim filed by Transportes Gil Martín and one individual, including the compensation calculated in their expert report, thus condemning DAF Trucks to pay € 86,111 in damages. The truck manufacturer appealed the judgment. In November 2020, the Audiencia Provincial of Cáceres dismissed the appeal and confirmed the first instance

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Paloma Martínez-Lage Sobredo, Spain: The Audiencia Provincial of Cáceres entirely confirms a judgment of the commercial court of Cáceres that fully accepted a follow-on damages claim, ordering a truck manufacturer to pay € 86,111 in damages plus interest at the legal rate from the date on which the claim was filed (DAF), 12 November 2020, Concurrences N° 1-2021, Art. N° 98850, pp. 227-228

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