El Tribunal Supremo ratifica las multas de la CNMC a las marcas por haber creado un cártel para controlar el mercado
More than 10 million individuals and companies that bought a new vehicle between February 2006 and August 2013 have the door open to claim the brands to which they acquired their car.The reason, that the Supreme Court is ratifying the fines that the National Commission of Markets and Competition (CNMC) imposed them in 2015 for having created a cartel.
Up to 2,500 euros of compensation
Specifically, the CNMC accused automobile manufacturers of having exchanged confidential information to control the distribution and after -sales market, which went against the competition and is considered an abuse of power.The result is an extra cost for the client that will now have to return with interest in many cases.
Car cartel: marcas afectadas
The investigation affected the following brands: Alfa Romeo, Audi, BMW, Chevrolet, Chrysler, Citroën, Dodge, Fiat, Ford, Honda, Hyundai, Jeep, Kia, Lancia, Mercedes, Mitsubishi, Nissan, Opel, Peugeot, Porsche, Renault, Seat, Skoda, Volkswagen, Toyota and Volvo.Some of them do not operate in the Spanish and Mazda market, which was investigated at the beginning, then it was acquitted.
Fine of 171 million euros
The super -regulator imposed one of the biggest fines in their history: 171 million euros.Although he then condated the sanction (about 40 million) to the brands of the Volkswagen (Audi, Porsche, Skoda and Volkswagen) more Seat, for having collaborated with the CNMC uncovering the scandal.In principle, that would not free them from responding to customers who claim compensation for the money they were charged.
The Supreme Reason takes the brands
En diciembre de 2019, la Audiencia Nacional ratificó las multas, desestimando las reclamaciones de los fabricantes. Y lo mismo ha venido haciendo el Tribunal Supremo en los últimos meses con 15 de las marcas y se espera que en breve adopte la misma resolución con el resto, según el bufete Cremades&Calvo Sotelo. Entre estas últimas está Toyota, por ejemplo.
How to claim money
The law firm states that, after these resolutions, thousands of customers are already preparing judicial demands to claim the theoretical area they paid for the vehicles they acquired.To do this, they have a period of one year from the publication of the Supreme sentences.
In April of this year, a Cádiz court already failed in favor of a customer and condemned an Audi and Volkswagen dealership to pay him 2,000 euros for the purchase of a vehicle in 2010, which cost him 25,000 euros.The company was also condemned to pay interest and costs.
Up to 10% of the car price
Depending on the brand and model acquired, that amount could be about 2,500 euros on average.In a vehicle that cost 15,000 euros, compensation could move between 1,500 and 2,250 euros, plus legal interest, clarify from the firm.Although the technical consultant company estimates that overpricing could be around 10%, which makes it easier to carry out the calculation.
Association of affected
To carry out the claim, from this last company they recommend providing the maximum documentation, at least the purchase invoice, the accreditation of the payment of the rent or 'leasing' of the car, in addition to the technical file and the contracts.In addition, user platforms such as www.affectoscartelcoches.es have already been constituted.
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