Car cartel claims
The brands club
If you have a car bought between 2006 to 2013 of the next brands, you should know that you can claim compensation for economic damage derived from wrongs practices to the Competition Law. These car brands are: Alfa Romeo, Audi, BMW, Chevrolet, Chrysler, Citroen, Dacia, Dodge, Fiat, Ford, General Motors, Honda, Hyundai, Jeep, Kia, Lancia, Land Rover, Lexus, Mazda, Mercedes Benz, Mini, Mitsubishi, Nissan, Opel, Peugeot, Porsche, Renault, Saab, Seat, Skoda, Smart, Toyota, Volkswagen and Volvo.
On July 23th 2015, the National Markets and Competition Commission on Spain (CNMC) publish a resolution sanctioning these car brands for their fraudulent practices to the Competition Defense Law (File S/0482/13), and the violation of article 101 of the Founding Treaty of the European Union, these behaviors constituting an agreement between the brands to avoid competition, more popularly known as “the car cartel”.
All goes back to 2006, when these car manufacturers and distributors decided to join forces and establish the “Brand Club”, agreeing to introduce an extra cost on car prices. This fraud in the automotive sector happens during 7 years and every buyer affected can file lawsuit to recover part of the money invested. The fact that almost 91% of the automotive market quota was in the hands of the "car cartel", left the remaining 9% in a disadvantaged position for competition on the sector.
This behavior about sensitive information exchange caused effects that seriously harm the effective competition in the market, causing an artificial decrease in the uncertainty of companies in relation to the commercial policy of their competitors. The consequent decrease in competition during this 7 years period in which information exchanges took place, was transferred to the final consumer in the form of fewer discounts, less aggressive commercial policies on the brands and a lesser effort to distinguish themselves from the other companies with higher quality services.
The CNMC forgive the penalty to SEAT S.A, Volkswagen Audi Spain S.A. and Iberian Porsche, for their participation and their offender behavior, due to they provide sufficient evidence to order the inspections carried out during the investigation and prosecution, which made possible the accreditation of law violations by the car cartel.
How to claim against the car cartel
Any person or company that considers itself affected by the anti-competitive practices described in these resolutions, may file a claim for damages arising from the violation of competition regulations on the civil courts. Even the second purchasers whose sales price has been affected by the anti-competitive practice of the car cartel, can also claims against the car manufacturer or dealers for the refund amounts equivalent to the extra cost. They need have the purchase invoice or the sales contract.
Affected Buyers by the car’s cartel have until 2026 to file a complaint. Our law firm in Marbella Mercury Lawyers provides advice through the best lawyers in Civil Law. If you have any questions about compensation as affected by the car cartel, contact us and we will help you.
Telephone: +34 951 052 811
Whatsapp: +34 643 89 04 96
Source: Press release by National Markets and Competition Commission
RESOLUTION File S/0482/13 Automobile manufacturers CNMC
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