The High Court has been prompted to select a handful of indicative trials for prompt hearing to dictate the course of numerous lawsuits filed against business practices purportedly leading to inflated prices in the truck industry.
The original litigation came into force following a European Commission judgement in 2016 which found that five prominent truck manufacturers were in violation of competition laws. They were accused of conspiring for 14 years over truck pricing and shifting the cost of adhering to rigorous emission standards onto their clientele.
Penalties amounting to €2.93 billion were inflicted upon majority of the firms, except for MAN truck manufacturers since they made the commission privy to the existence of the cartel.
Several Irish transport companies, truck rental businesses and firms with vast vehicle fleets have independently initiated legal proceedings in the Irish High Court, seeking recompense for purported overpricing on acquired or leased trucks. These include household names such as National Truck Rental and the ESB. Some of the legal proceedings have initiation dates as early as 2016 while the most recent emerged in 2021.
The defendants, which comprise of Scania, DAF, MAN, Daimler – now known as Mercedes-Benz – and Iveco, have rejected the accusations.
On Wednesday, Counsel Paul McGarry SC representing the plaintiff companies, proposed to Justice Max Barrett to direct the parties involved towards pinpointing a handful of example cases which could be applied to case management, allowing for their trial at the earliest possible instance. He suggested around 12 cases could probably be indicative out of an existing 150.
However, lawyers representing the truck manufacturers contended with this application by stating that issues concerning information from the plaintiffs were still under debate due to inadequate compliance with the rules for providing such information. They suggested that the court instigate such compliance before the case is reintroduced to the court for resolution of other matters.
Justice Barrett agreed to deliberate upon the suggestions and then provide documented instructions for all parties involved.
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