ELVIS files €176 million lawsuit against truck cartel (with pictures)

"The cartel of large manufacturers that has existed for many years has caused massive damage to many small companies. This is intolerable," says Jochen Eschborn, CEO of ELVIS AG. Against this background, the association has created an opportunity for its cooperation members to take legal action against the unfair practices of the manufacturers. Themis Schaden GmbH, which was founded specifically for this purpose and to which the aggrieved ELVIS partners have assigned their claims, serves as the vehicle for this. This procedure allows the claims to be enforced in a single lawsuit. The cooperation is being represented by the law firm Arnecke Sibeth, whose expertise in transport law and logistics is regarded as leading in Germany. The mandate is being handled by Dr. Moritz Lorenz, who heads Arnecke Sibeth's antitrust law practice.

In order to minimize the financial risk for its partners associated with a civil court dispute of this magnitude, ELVIS has brought a litigation financier on board. This provider assumes all costs directly related to the lawsuit. In return, the litigation financier shares in the proceeds resulting from a conviction of the truck manufacturers. The willingness to finance the lawsuit also shows that it is considered to have good prospects of success. The fact that the commercial vehicle manufacturers Daimler, DAF, MAN, Iveco, Scania, Volvo and Renault formed an illegal cartel for years is indisputable, at least even before the trial begins.

This is due to a corresponding decision by the European Commission. The Commission has imposed fines totaling almost four billion euros on the members of the cartel. According to the Commission's findings, the aforementioned commercial vehicle manufacturers entered into illegal agreements over a period of 14 years, including on their list prices and the delayed introduction of technologies to reduce emissions. "Because all major European truck manufacturers were involved in these agreements, hauliers and transport companies had no choice but to accept considerable price mark-ups," says Dr. Lorenz. Further disadvantages also resulted from the delayed availability of vehicles with higher emission standards. The damage caused by the illegal agreements was quantified by an expert report.

ELVIS is now suing the cartel members via Themis Schaden GmbH for damages amounting to around 90 million euros. Added to this is interest, which amounts to around 86 million euros due to the long duration of the cartel and the length of the European Commission's investigation. A ruling by the Stuttgart Regional Court is not expected before the middle/end of 2019.