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Feb 11, 2015

MAIN TRUCKMAKERS * USA: On against antitrust class action

* Delaware - Truck makers urge federal judge not to certify antitrust class action petition 
-- Several truck makers are urging a federal judge in Delaware to deny class certification of an antitrust lawsuit filed by trucking companies that purchased Class 8 trucks equipped with Eaton transmissions... The plaintiffs allege that several Class 8 truck makers entered into exclusive contracts with Eaton Corp., the largest supplier of Class 8 truck transmissions, in exchange for lucrative rebates and incentives. However, the plaintiffs claim the rebates and incentives offered to the truck makers were not shared or passed through to the purchasers of the trucks... The plaintiffs say the exclusive agreements limited their choice of transmissions and eliminated a competitive check on pricing... The defendants in the lawsuit include: Eaton Corp, Daimler Trucks North America, Freightliner, Navistar International, International Truck and Engine, Paccar, Kenworth, Peterbilt Motors, Volvo Trucks North America and Mack Trucks... The lawsuit was filed by Mark Wallach, who was the Chapter 7 trustee for Performance Transportation Services, which includes several other subsidiaries...“As a result of these purchases, (Performance Transportation Services) sustained injury and was damaged by reason of the antitrust violations alleged in this complaint,” the court documents states... The lawsuit stems from a suit originally filed by ZF Meritor, a joint merger of ZF Friedrichshafen AG and Meritor Inc., against Eaton in 2010 for alleged anticompetitive practices in the heavy-duty truck transmission market. In June 2014, Eaton agreed to pay the two companies $500 million... Dover,DL,USA -Land Line, by Clarissa Hawes -9 Feb 2015

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