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Netherlands

44

of 50 Netherlands cases

Commercial LitigationAutomotive

NetherlandsPart of the Netherlands collection, outside the ranked index.

CDC v. Truck Makers (Trucks Cartel)

Retail Cartel Damage Claims S.A. v. TRATON SE and Others

Claim vehicle seeks damages for about 60,000 trucks bought during the trucks cartel

At stake
Unquantified
Score
25.9Provisional, impact not rated yet
Latest event
Apr 15, 20267 months ago
Next step
Not scheduledNothing dated on the record yet
Commenced
Jul 13, 20179 yr 3 mo ago
Court
District Court of AmsterdamC/13/639718 / HA ZA 17-1255

Retail Cartel Damage Claims (CDC) bought the claims of more than 700 truck buyers. It is suing MAN, Volvo and Renault, and Daimler in the District Court of Amsterdam over the European trucks cartel, with Scania joined as a party. On April 15, 2026, the court set the cartel overcharge at 7% in an interim judgment. Passing-on and the trucks covered remain open, and final judgment awaits an EU ruling on applicable law.

Latest development Apr 15, 2026

On April 15, 2026, the District Court of Amsterdam set the trucks cartel overcharge at 7% in an interim judgment and rejected the manufacturers’ limitation defense. It dismissed CDC’s claim for emission-related damage. The parties must now address the trucks covered, the prices paid, and passing-on. Final judgment awaits a ruling of the Court of Justice of the European Union on applicable law.

Why it matters

The case tests how Dutch courts quantify cartel overcharges. The court accepted an EU-wide regression analysis and fixed a 7% overcharge while many other trucks cartel claims are pending in Amsterdam. A pending EU ruling will decide which law governs those claims.

Background

On July 19, 2016, the European Commission fined truck manufacturers for exchanging information on gross list prices and on passing on the cost of stricter emission rules over 14 years. Scania was fined in 2017, and the fines totaled about €3.81B. Thousands of truck buyers then brought follow-on damages claims in the Netherlands, most of them bundled in claim vehicles. The District Court of Amsterdam grouped many of them into combined cases.

CDC, a Luxembourg company, bought the claims of more than 700 companies that bought or leased about 60,000 trucks. It sued DAF, MAN, Volvo and Renault, Daimler, and CNH Industrial and Iveco on July 13, 2017. The court issued judgments on how CDC must substantiate its claims on May 15, 2019, and February 28, 2024. CDC settled with DAF and reduced its claim on October 29, 2025. It told the court of a settlement with CNH Industrial and Iveco on April 13, 2026, and of partial settlements with MAN and Scania on April 14, 2026.

After a hearing on November 18 and 19, 2025, the court issued an interim judgment on April 15, 2026. It rejected the manufacturers’ limitation defense, holding that the five-year period did not start before April 7, 2017. Relying on the regression analysis of CDC’s experts, it set the overcharge at 7% and found that the cartel’s effects lasted until May 30, 2013. It rejected CDC’s separate claim for emission-related damage as insufficiently substantiated.

The court set the principles for fixing the trucks covered and the prices paid, and left the manufacturers’ passing-on defense for further debate. It will not give final judgment until the Court of Justice of the European Union (CJEU) rules on applicable law. The Supreme Court of the Netherlands referred those questions on June 20, 2025, in a related trucks case. CDC filed a second action in June 2020 covering more than 30,000 trucks.

Timeline 9 events

  1. Judgment
    Amsterdam court sets trucks cartel overcharge at 7%

    The interim judgment rejected the limitation defense, adopted CDC’s experts’ regression analysis, and found effects until May 30, 2013. It rejected the emission-related damage claim and left passing-on for further debate.

    ECLI:NL:RBAMS:2026:3734CDC press release, April 16, 2026

  2. Settlement
    CDC reports settlements with Iveco and partial deals with MAN and Scania

    CDC told the court on April 13, 2026, that it had settled with CNH Industrial and Iveco. On April 14, it reported partial settlements with MAN and Scania.

    ECLI:NL:RBAMS:2026:3734

  3. Hearing
    District Court of Amsterdam hears overcharge and damage arguments

    Over two days, the court heard the parties and their economic experts on the overcharge, emission-related damage, the data to use, and the volume and value of commerce.

    Rechtspraak news, April 15, 2026

  4. Settlement
    CDC drops its claims against DAF after a settlement

    CDC reduced its claim and asked the court to strike the case against DAF from the roll.

    ECLI:NL:RBAMS:2026:3734

  5. Order
    Supreme Court refers trucks cartel applicable-law questions to the CJEU

    In a related trucks case, the Supreme Court of the Netherlands asked the EU Court of Justice which law governs follow-on claims for a single and continuous infringement.

    ECLI:NL:HR:2025:945Stibbe

  6. Judgment
    Court orders further substantiation of truck transactions

    In a second substantiation judgment, the court gave CDC a further written round to support each truck transaction for which it claims damages.

    ECLI:NL:RBAMS:2026:3734

  7. Judgment
    Court sets out how CDC must substantiate its claims

    The District Court of Amsterdam issued its first judgment on the substantiation of the assigned claims.

    ECLI:NL:RBAMS:2026:3734

  8. Filing
    CDC sues truck manufacturers in Amsterdam

    CDC brought claims bought from more than 700 companies over about 60,000 trucks against DAF, MAN, Volvo and Renault, Daimler, and CNH Industrial and Iveco.

    ECLI:NL:RBAMS:2026:3734CDC press release, April 16, 2026

  9. Other
    European Commission fines truck makers over 14-year cartel

    The Commission found that the manufacturers exchanged information on gross list prices and on passing on the cost of stricter emission rules. Scania was fined separately in 2017.

    Rechtspraak news, April 15, 2026Stibbe