Could Scania Become the “Sweeper” in the Truck Cartel Damages Claims?
Last week, the Spanish Supreme Court held a hearing on several appeals against four Provincial Court rulings regarding Scania’s liability for damages caused by the truck cartel. Although each appeal is distinct, the hearing focused on the common issues raised by these newer claims.
This post does not aim to summarize the hearing or to speculate about the outcome of the appeals (a matter on which the Supreme Court will surely rule before the end of April). Instead, it focuses on the final point raised by Scania’s counsel in oral argument: could Scania become the “sweeper” in Spanish truck cartel damages litigation? Put differently, can it end up being the defendant against whom claims are still viable even when actions against the manufacturer of the truck actually purchased are no longer available, or are procedurally more difficult.
Read the full piece here.