Car cartel lawyers

1. The companies involved

Madrid office: C/ Alcalá 209, bajo C 28028 Madrid Tel. +34 911 923 480 Email: administracion@escaleratuset.com

The Competition Chamber of the Council of the Spanish National Markets and Competition Commission (CNMC) gave this decision in file S/0482/13 Car manufacturers, opened by the former Investigation Directorate of the National Competition Commission against various companies over alleged restrictive practices prohibited by article 1 of Law 16/1989 of 17 July on the Defence of Competition, article 1 of Law 15/2007 of 3 July on the Defence of Competition and article 101 of the Treaty on the Functioning of the European Union.

Note: the proceedings against PEUGEOT CITROEN AUTOMÓVILES ESPAÑA, S.A., RENAULT ESPAÑA, S.A. and ORIO SPAIN, S.L. were closed under article 33.3 of the competition regulation, because an infringement by those companies was not established.

2. The infringement periods

The infringement periods run from 2006 to 2013, depending on the case.

3. Supreme Court judgments of May 2021

The Supreme Court judgments of May 2021 uphold the decision of the National Markets and Competition Commission and of the Audiencia Nacional in finding that the cartel existed, taking the view that the exchanges of information that made up the infringement form part of, or significantly affect, prices, even though they did not relate directly to final prices.

4. The decision becoming final

The decision becoming final through the Supreme Court judgments, with full knowledge of the infringers, their identity and the fines imposed on them, means the consumer has fuller information and, in line with the case law of the Supreme Court judgment of 2 April 2014 (RJ 2014/2162), the limitation period would start running (although, strictly speaking, the specific loss has not been quantified).

5. The deadline

On that basis, the period for bringing claims was 5 years, so in many cases it has already passed; claims have to be filed with the commercial courts of the provincial capitals where the purchases were made.

6. How it started

The company that started the proceedings by providing information was SEAT, S.A., together with the companies in its group, in 2013. SEAT, S.A., VOLKSWAGEN AUDI ESPAÑA, S.A. and PORSCHE IBÉRICA, S.A. are exempt from paying the fine corresponding to their part in the infringing conduct. seven infringing banks, regardless of the bank you hold your product with.

7. Applicable law

The same principle applies as in the other cartels, that is, the Damages Directive and the Spanish transposing Decree 9/2017 of 26 May. Given that in this case the Commission Decision is from 2015, after the Directive itself, the decision became final in 2021. The amortisation schedule for the product showing the amounts paid.

8. Rebuttable presumption

We therefore have a direct rebuttable presumption, which the defendants can displace if they prove there was no loss. That is why they will argue all the harder that there was an exchange of information but no increase in prices.

9. Expert report

For all of that, an expert report is needed to quantify the percentage increase in the price of the vehicles sold by each of the infringing companies, since the uncertainty of the market, that is, free competition, was removed. The expert report has to establish the increase in prices to the final consumer. The percentage is set by the judge in each case, on the basis of the expert report. An econometric report could also be considered.

10. Geographical scope

The whole of Spain. There would also be a small effect within the rest of the European Union.

11. The market affected

New and used cars, spare parts, accessories, and after-sales activities and services through the dealer networks. The market affected is therefore the distribution and sale of cars in Spain. The market is enormous: between 2006 and 2013 some 6 to 8 million vehicles were sold in Spain.

12. The claimant

This can be any person, Spanish or foreign, who bought a car in Spain from one of the infringing and therefore penalised companies; they can bring a claim before the Spanish courts regardless of whether the vehicle has since been sold.

13. The defendant

The infringing companies. All of them can be defendants for the cars they sold during the infringement period. They are jointly and severally liable by operation of law, which means a claim can be brought against a single one of the companies found to have infringed. Which one is chosen depends on what suits best in terms of service, solvency and recovery once the case is won, regardless of the type and make of the vehicle.

14. Who files the claim?

The claim is filed by the manufacturer's indirect purchaser, meaning the person who bought the car, against the manufacturer, meaning the infringing vehicle maker. The direct seller, whether a dealer or another company, is not sued. If one of the penalised infringing companies happened to be the seller, a claim for breach of contract could be considered, which will be checked case by case, but in principle it is the car manufacturers that have been penalised.

15. Documents the client has to provide

The information required from clients is the vehicle purchase contract, whether new, second-hand or through a lease, or the document evidencing payment.

16. Documents attached to this initial report

DOC 1. CNMC decision of 23 July 2015 DOC 2. CNMC press release of 28 July 2015 DOC 3. Supreme Court judgment no. 1795/2021 of 20 April. CITROEN DOC 4. Supreme Court judgment no. 1878/2021 of 6 May. RENAULT DOC 5. Supreme Court judgment no. 2019/2021 of 6 May. VOLVO DOC 6. Supreme Court judgment no. 2020/2021 of 13 May. URBAN SCIENCE ESPAÑA DOC 7. Supreme Court judgment no. 2040/2021 of 13 May. FIAT DOC 8. Supreme Court judgment no. 2047/2021 of 13 May. FORD DOC 9. Supreme Court judgment no. 2021/2021 of 17 May. HYUNDAI DOC 10. Supreme Court judgment no. 2286/2021 of 31 May. BMW DOC 11. Supreme Court judgment no. 2341/2021 of 31 May. SEAT DOC 12. Supreme Court judgment no. 2439/2021 of 7 June. NISSAN

If you are interested, would like further information or are one of those affected, get in touch with this firm and we will tell you more:

The terms of engagement for these professional services are on the association's website, www.acoreo.org. You can also consult those of the collaborating firm: www.escaleratuset.com