What do you need to know about the car cartel?
The consequences of the car cartel, which operated between 2006 and 2013 in Spain and affected millions of buyers through anti-competitive agreements that drove up car prices, are beginning to be felt. The recent confirmation by the Supreme Court of the million-dollar fines imposed in 2015 by the National Commission for Markets and Competition (CNMC) on the main car brands for creating this information-sharing cartel has fuelled the interest of those affected to complain and in the last weeks of the year, enquiries from those affected have skyrocketed.
At Euriux Lawyers as your legal firm we can help you to manage your claim. If you are one of those affected, one of the first steps to prove before a judge that you have paid an overcharge for the vehicle as a direct consequence of this car cartel is the presentation of the purchase invoices.
What documentation do I need to make a claim?
To start the procedure, it is necessary to present the purchase invoice (or receipt of the bank transfer made to the dealer), the vehicle registration certificate and its technical data sheet. If the vehicle was sold, the claimant must provide the document stating the sale price or final value at which the transaction was concluded.
How is the amount of compensation calculated?
The amount of compensation is the difference between what was paid for the car and what would have been paid in the absence of the cartel. The first amount is simple and consists of proving, with the purchase invoice, what was paid for the car. To calculate the second scenario (or what we should have paid for the car in reality) an expert report must be carried out. This report will be the one that determines the damage to the affected party. It will be given as evidence to the judge to prove the price the buyer should have paid when purchasing the car.
How long do I have to claim compensation?
The deadline for requesting this compensation is one year from the time the Supreme Court rulings are published. Although the sentence to pay those affected is very recent, each sentence was issued at a certain point in time before - sentences began to be published from January 2021 - following appeals lodged by the brands and dealers, so those affected should be aware of when the sentence affecting their vehicle was issued.
What are the deadlines?
Here are some of the closest deadlines depending on the manufacturer, all in 2022: 19 February (General Motors); 5 March (Honda and Toyota); 6 May (Renault); 13 May (Ford) and 17 May (Hyundai).Which car brands can claim? In principle, the brands eligible to claim are: Alfa Romeo, Audi, BMW, Chevrolet, Chrysler, Citroën, Dodge, Fiat, Ford, Honda, Hyundai, Jeep, Kia, Lancia, Lexus, Mazda, Mercedes, Mitsubishi, Nissan, Opel, Peugeot, Porsche, Renault, Seat, Skoda, Volkswagen, Toyota and Volvo. The Volkswagen Group (Audi, Porsche, Skoda, Volkswagen and Seat) was acquitted of the million-dollar fine by the National Commission for Markets and Competition (CNMC) after uncovering the case in court.
When did you have to buy the car?
Between February 2006 and August 2013. Owners who inherited one of the cartel-affected vehicles will also be able to claim this compensation provided they have all the necessary documentation.
