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Ontario automotive dealers Sheridan Chevrolet Cadillac Ltd. and The Pickering Auto Mall Ltd. have filed a class action lawsuit against Valeo S.A. over allegations it conspired to fix the price of automotive access mechanisms sold in North America.
“This action arises from a conspiracy to fix, raise, maintain or stabilize prices, rig bids and allocate the market and customers in North America and elsewhere of the following automotive access mechanisms: inside and outside door handles, tailgate or trunk handles; keys, lock sets, key sets and door locks; and electrical steering column locks and mechanical steering column locks,” the price-fixing class action lawsuit says.
According to the automotive access mechanisms class action lawsuit, Valeo manufactured, marketed, sold and/or distributed automotive access mechanisms throughout Canada or for inclusion in vehicles that were sold in Canada, either directly or indirectly.
Automotive access mechanisms are installed by automobile manufacturers during the manufacturing process. Some major automotive manufacturers including General Motors, Honda, Chrysler and Toyota purchase the automotive access mechanisms directly from Valeo and its alleged co-conspirators, the price-fixing class action lawsuit says.
“The defendant and its co-conspirators unlawfully conspired to agree and manipulate prices for Automotive Access Mechanisms and conceal their anti-competitive behavior from OEMs (original equipment manufacturers) and other industry participants,” the price-fixing class action lawsuit says.
This allegedly unlawful conduct occurred from at least Jan. 1, 2002 through May 31, 2013, according to the Valeo class action lawsuit.
“The unlawful conduct was targeted at the automotive industry, raising prices to all members of the Proposed Class,” the automotive access mechanisms price-fixing class action lawsuit states.
The plaintiffs claim that Valeo and its alleged co-conspirators engaged in an unlawful scheme to manipulate prices for automotive access mechanisms and to conceal their anti-competitive behavior from original equipment manufacturers and others in the industry.
As a result of the alleged price-fixing scheme, the plaintiffs say that they, along with other putative Class Members, paid artificially inflated prices for automotive access mechanisms or vehicles that contained the automotive access mechanisms manufactured, marketed, sold and/or distributed during the Class Period.
The Valeo class action lawsuit asserts claims for civil conspiracy, unjust enrichment, waiver of tort and violations of the Competition Act.
The plaintiffs point to an investigation in the United States which led to a guilty plea and US$9 million fine from ALPHA Corp. for its role in the price-fixing conspiracy.
Kiekert AG also pleaded guilty and paid US$6.1 million in fines for its role in the alleged price-fixing scheme. The plea agreements for both ALPHA and Kiekert require the companies to provide cooperation regarding the alleged automotive access mechanisms price-fixing conspiracy.
By filing the price-fixing class action lawsuit, Sheridan Chevrolet Cadillac and Pickering Auto Mall seek to represent a Class of all persons in Canada who purchased an automotive mechanism, or who purchased/leased a new vehicle that contains an automotive access mechanism between Jan. 1, 2002 and May 31, 2013.
The Valeo class action lawsuit seeks punitive, aggravated and exemplary damages in the amount of $5 million.
What do you think about the alleged price-fixing scheme? Tell us your thoughts in the comments below!
The plaintiffs are represented by David Sterns and Jean-Marc Leclerc of Sotos LLP.
The Automotive Access Mechanisms Class Action Lawsuit is Sheridan Chevrolet Cadillac Ltd., et al. v. Valeo S.A., Case No. CV-20-00634832-00CP, in the Ontario Superior Court of Justice, Canada.
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