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From milk to cars that go through bath gels to other more distant examples such as the poster of paper envelopes or that of cookies and candies in the XNUMXs. In Spain there are business cartels that directly affect the consumer through competitive prices that give rise to fraudulent agreements between companies from different sectors.
These are secret and illegal agreements between several companies, which, instead of competing with each other, set prices, limit the quantities produced by each one or share market shares. Cheating can also consist of placing fraudulent bids in public tenders or exchanging information about future prices, among other anti-competitive conduct.
Currently, there are several active cases in the process of claiming, such as the loss or milk cartel. Albert Poch, a lawyer from the Redi office, explained that this practicality has harmed the consumer because the final sale prices to the public are lacking or because the quality of the good or service in question is reduced. Poch also denounces that the business networks are still active because "they are very expensive" and that the final sanctions do not usually involve very high import fines. "They are not dissuasive," says Poch, who recalls that citizens have the right to claim compensation for the damage caused.
“Cartels restrict free competition, which ultimately means access to fewer goods and services since marketing is restricted or even prevented by companies that do not participate in the cartel. having limited the market, the price rises because scarce goods are always more expensive or because the cartel participants directly agree to fix those prices”, interprets, for her part, Almudena Velázquez, legal director of Reclamador.
In the case of cars, the coach manufacturers' cartel consists of a group of vehicle manufacturers and distributors who exchange commercial information to obtain higher revenues at the expense of buyers. Between April 20 and December 1, 2021, the Supreme Court issued 13 rulings confirming the fines imposed by Competition to several of the participating companies.
The surroundings are seven million between individuals -according to Redi calculations- and companies that acquired a new car between the months of February 2006 to August 2013 of the almost 30 sanctioned brands have the right to claim compensation for the overprice paid . “Anyone who bought a car damaged by the cartel can claim, regardless of the condition of the vehicle or whether or not they currently own it. In fact, we encourage all those harmed by the cartel to join our initiative before March 31”, advised Andoni De la Llosa, partner at Redi Abogados and spokesperson for Car Compensation. De la Llosa does insist that the purchase invoice must be provided, as well as the contract or registration tax.
Tito Álvarez, coordinator and spokesperson for Elite Taxi Barcelona and Taxi Project, explained that through Redi Abogados they discovered that taxi drivers had paid more miles for the purchase of a vehicle. “In Spain there are 68.000 autonomous taxi drivers and in this period of time they will compare many cars. I don't have the exact number of those affected, but more than 3.000 taxi drivers in the sector have already registered," Álvarez said. In this regard, he indicates that they expect to recover between 10 or 15% of the total paid per tick plus those interested in delay that have been accumulating over the years. “It is a shame that they continue to agree on prices in our country because in the worst case, much less money is returned than the one initially set as a penalty,” adds the Elite Taxi Barcelona coordinator.
Fine for dairy companies
Another of the plots best known for the large number of affected producers and their media coverage was milk. From 2000 to 2013, the main milk buyers agreed to obtain a cheaper supply, thus limiting the options for negotiating with farmers. But, in July 2019, the National Commission for Markets and Competition (CNMC) sanctioned eight large dairy companies and two sector associations with a fine of 80,6 million euros for altering purchase prices downwards. The anti-competitive practices consist of the exchange of information, at the national and regional levels, sober purchase prices of raw cow's milk, purchase volumes of farmers and surplus milk. This information allowed the company to adjust its behavior and avoid offering higher prices and commercial conditions to contractors, provided that competition is limited, without filing a complaint with the CNMC. "The ranchers now have the right to claim compensation for damages from the companies responsible for the cartel, which is equivalent to the amount they will no longer receive," explained Poch.
One of those affected by this practice contrary to free competition is Elíseo Cebreiro, a rancher in Ferrol, who denounces that, despite the Competition fine, these practices persist today. “They bring us the contracts and they impose a price on you, which you have to sign yes or yes. You can't change companies because they agree and we don't have the strength. It goes on now and it is almost worse: we are falsifying ourselves, but we have no other choice”, he admitted. Sober if this value has an upward impact on the shopping basket, Cebreiro assures that the consumer does not stand out because the distribution companies also squeeze the large dairy companies.
For his part, the spokesman for Facua, Rubén Sánchez, recalls what happened with the bath gel cartel created in 2005 and through which several manufacturing companies agreed to reduce packaging to sell less quantity for the same price. Said increase in price was achieved by selling the product in a smaller vase, but in which the same price is presented on the shelves. Due to this, Sánchez demanded a tightening of the sanctioning framework so that the companies do not think that it compensates them to assume the risk of breaking the law. “When it comes to very expensive products, as is the case with cars, it is logical that they are produced on demand. But, in other cases, such as that of bath gels, consumers do not go to court to claim a few cents and they do not even have the purchase ticks saved, ”says the Facua announcer.
Steps to claim compensation
The procedure begins with an extrajudicial lawsuit in order to try to solve the conflict by preventing it from going to court. But, experience shows that "companies that participate in cartels are very reluctant to accept the agreement and force the filing of lawsuits," says lawyer Almudena Velázquez. "You have to take into account that the term to formulate them can be one or five years, depending on the moment in which the cartel was developed," she adds. This time period begins to count from the time the affected party knows not only the existence of the cartel, but all its characteristics, so the limitation period is one of the most discussed issues in this type of lawsuit.
“The competent courts are the mercantile ones and although they presume the existence of damages, they must be proven, which, however, requires an expert opinion in which these damages are quantified. The company sued, will provide another contradictory report in its response, and it will be the judges who, in view of these reports and their ratification in court, will determine the amount of compensation”, adds Velázquez, who gives the example that in the cartel of compensation is calculated in a range of 5% to 20% of the assessed amounts, or of the purchase value.
