Alleged price-fix victims urged to come forward
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CM COVER STORY
chri stophe r.wa It on Mrbi.co.0 k ANY OPERATOR that believes it has been affected by an alleged price fix when buying new CVs should consider passing the information on to the Office of Fair Trading (OFT), a leading lawyer has urged.
Last week it emerged that seven truck manufacturers in the UK were facing a probe by the OFT into suspected price fixing.
As part of the investigation, the OFT conducted an on-site investigation at Mercedes-Benz's offices in Milton Keynes last Wednesday (15 September). It has also asked Scania, DAF, MAN, Iveco and AB Volvo subsidiaries Volvo and Renault to supply information relating to the inquiry.
One person was arrested in conjunction with the probe, but has subsequently been released on bail. However, neither the OFT or Mercedes-Benz was able to con firm whether the arrested individual was one of its employees.
A spokesman for MercedesBenz says the company is "fully cooperating with the investigation, which may take many months or more to complete': Anthony Barnfather, head of regulatory investigations at Man chester law firm Pannone, tells CM: "A finding that an organisation has been guilty of price fixing means that anyone who has suffered loss as a result may bring an action for damages suffered for breach of competition law.
"Both the European Commission and the OFT are keen to promote the uptake of private actions."
The OFT says it is currently investigating suspected cartel activity involving CV manufacturers in the UK. The investigations are being carried out under both the Enterprise Act 2002 and the Competition Act 1998.
CM understands that the investigation relates to truck sales made during the period between 2000 and 2008, but the OFF was unable to confirm or deny the time period covered by the investigation.
Barnfather explains: "A company may be fined up to 10% of its turnover if it is found to have been involved in a cartel. Individuals found guilty of dishonestly engaging in cartel arrangements face imprisonment, the maximum sentence being five years."