CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - SPAIN - CARTELS - TRUCKS CASE - DAMAGES ACTION

Spain: The Audiencia Provincial of Alicante substantially upholds a judgment of the commercial court of Alicante in a follow-on damage claim based on the trucks cartel, condemning a truck manufacturer to pay damages based on a 10% overcharge (Volvo AB)

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 June 2019, a commercial court of Alicante partially upheld the damages claim filed by two individuals and ordered Volvo AB to pay € 25,869 as compensation for the overcharge paid for three vehicles. The first instance court dismissed the expert reports provided by the claimants and by Volvo, and calculated itself the amount of the harm, setting the overcharge at 10% of the truck purchase price

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Paloma Martínez-Lage Sobredo, Spain: The Audiencia Provincial of Alicante substantially upholds a judgment of the commercial court of Alicante in a follow-on damage claim based on the trucks cartel, condemning a truck manufacturer to pay damages based on a 10% overcharge (Volvo AB), 15 October 2020, Concurrences N° 1-2021, Art. N° 98849, pp. 225-226

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