FAQ

Stichting Truck Cartel Recovery is a Dutch special purpose vehicle that was created specifically to assist purchasers of medium and heavy trucks to pursue any potential claims for damages against the Truck Cartel.

As a special purpose vehicle, we are permitted under Dutch law to receive assignments of claims in exchange for an agreement to prosecute and return proceeds to the assignors. This allows us to aggregate the claims of a large group of cartel victims in a single action and serve as the plaintiff in that litigation. This means that we (and not you) bear the brunt of the litigation burdens, including funding the litigation, hiring the lawyers, retaining the experts, and negotiating with the cartel members. Further, we are governed by an independent board of directors that ensures that your best interests are fully protected at all times.

Joining a group of similarly-situated claimants has a number of benefits, including: (1) counteracting cooperation among the cartel members; (2) allowing cost sharing of litigation and economics support; (3) protection from supplier retaliation; (4) minimizing the chance that the cartel members can play plaintiffs against each other; and (5) maximizing settlement leverage and aggregate settlements.

Claimants will execute deeds of assignment and provide Stichting Truck Cartel Recovery with the documents and data that support their claim. We will provide claimants with periodic updates on the litigation and pay them out of any settlement amounts that are recovered, less costs.

We plan to build a large group of similarly-situated claimants and file an action to recover overcharges from the Truck Cartel in a Dutch court in 2018.

The Netherlands is a plaintiff-friendly jurisdiction with extensive experience with large cartel cases. Litigation costs are lower in the Netherlands than in other mature jurisdictions, meaning that more of the recovery can be returned to the entities that join our group. In addition, claims are assignable in the Netherlands, which provides greater flexibility in how a case such as this one is litigated.

Your claims will be assessed by our expert economists and lawyers. Studies have shown overcharges caused by similar international cartels to range from 10-20% and 30-33%. There is no guarantee that similar amounts will be achieved here. Each case must be assessed individually.

All recoveries and expenses are shared pro rata among the members of the group based on a member’s damages during the cartel period as determined by our expert economists, as a percentage of the total estimated damages of the entire group. This means that for each settlement/award obtained, your payment is equal to your pro rata share of the settlement minus your pro rata portion of the expenses and the percentage used to compensate the special purpose vehicle.

There are no upfront risks to you and you are not required to pay any out of pocket expenses. Stichting Truck Cartel Recovery will only be compensated if we are successful in recovering damages on your behalf, and that compensation will only be a percentage of the overall recovery.