Society face-Consumer in Action reported that he was taken to court this Wednesday 10 automobile manufacturers HE Agreed to increase its prices between 2006 and 2013. The association claims compensation for 766 members who purchased new vehicles from the official dealers of the relevant brands.
Lawsuits have been filed against BMW Ibérica SA, Fiat Chrysler Automobiles Spain SA, Ford España SL, Honda Motor Europe Ltd Spain branch, Hyundai Motor España SL, Nissan Iberia SA, PSAG Automóviles Comercial España SA, Opel España SL, Renault España Comercial. SA and Toyota Spain SL.
The last of the ten cases was filed last. Wednesday, April 12. The string of legal proceedings began last October and was conducted in the commercial courts in Barcelona, where Honda and Nissan are headquartered; Valladolid, where Renault is located; Zaragoza, where Opel is located; and Madrid, where six other manufacturers are domiciled.
Those affected that Facua represents in these cases, 15 manufacturer brands forming cartels to raise prices: Alfa Romeo, BMW, Citroën, Dacia, Fiat, Ford, Honda, Hyundai, Jeep, Lexus, Nissan, Opel, Peugeot, Renault and Toyota.
In at least 13 Supreme Court decisions, CNMC’s considerations in 2021 have been considered and the sentences upheld. Individuals who make requests will charge an average of between 1,500 and 3,000 Euros. In the case of the automobile cartel, the theoretical maximum time to file a lawsuit is one year from the moment the sanction imposed on the manufacturer is finalized by the Supreme Court, although there are still doubts in the legal environment as to whether it is legal. The 5-year period or how it can be applied to the fact that all brands form a single cartel and must respond jointly. Referees have the last word. Some lawyers feel that the litigation period may be more than the originally estimated year. “joint responsibility” by all members of the cartel. Thus, it would be possible, for example, to request the purchase of a Seat from Toyota and to say that the brands should close the accounts between them.
In July 2015, the National Markets and Competition Commission (CNMC) issued a decision penalizing numerous manufacturers for agreements they have reached to exchange commercially sensitive and strategic information that affects the distribution and marketing of all vehicles distributed in Spain. Such agreements are anti-competitive practice prohibited by law Among other things, the defense of competition by reducing the uncertainty that would not exist without them in the price-setting process. The decision was appealed by the majority of those sanctioned, and throughout 2021 these different Supreme Court decisions were made, which largely dismissed the appeals.
In the CNMC decision, “The reduction in competition during periods of such information exchanges has been passed on to the final consumer in the form of lower discounts on the part of the brands, less aggressive commercial policies and less aggressive commercial policies.” Less effort to differentiate themselves from other companies that provide better quality service”. About twenty companies that received fines exchanged information on: sale of new and used vehicles, provision of workshop services, repair, maintenance and sale of official spare parts appointed two consulting firms to control the organization and operation of the information exchange. According to CNMC, “these exchanges have caused an artificial reduction in companies’ uncertainty about their competitors’ trade policy.”