EU: Lighting manufacturers penalised for cartel

The European Commission has imposed a €27 million penalty on two suppliers of car lighting for operating a cartel, contrary to Article 101 of the Treaty on the Functioning of the European Union. Automotive Lighting and Hella have to pay €16.3 and €10.4 million respectively for their part in the cartel. A third cartel member, Valeo, escaped a financial penalty, which the Commission indicated woulod have been over €30.5 million, because it revealed the existence of the cartel.

Reuters says that the parties discussed quotes for tenders and negotiation strategies and exchanged information on the status of negotiations with customers regarding price increases.

The EU press release is here.

RHA to represent the haulage industry in cartel claim

The Road Haulage Association (see its Press release) will represent its members by seeking compensation from the truck manufacturers who were recently penalised for their involvement in a price-fixing cartel, as Motor Law has reported previously. Although leniency was shown to the whistle-blower in the European Commission's investigation, that does not mean that they will be immune to claims for damages from those who have suffered from the effects of the cartel.

There are also likely to be claims in other EU Member States, and we will try to keep readers informed of developments.

Competition authorities have been keen for some time to encourage claims for damages, to drive home the message that cartels and other forms of prohibited conduct have victims. Under section 47A of the Competition Act 1998, a person who has suffered loss or damage because of a relevant infringement of EU or UK competition rules may claim damages and an injunction in proceedings before the Competition Appeal Tribunal or the courts of any part of the UK.

The government has produced guidance on the matter,  Quick guide to private litigation in competition cases.