Spanish Supreme Court Encourages Mediation in Trucks Cartel Appeals: A Turning Point in Mass Competition Litigation?
- Maria José Azar-Baud
- Feb 17
- 1 min read
On 27 January 2026, the First Civil Chamber of the Spanish Supreme Court adopted a Plenary Non-Jurisdictional Agreement recommending the systematic referral to mediation of the pending cassation appeals arising from the “Trucks Cartel” litigation. Conceived as a procedural response to the unprecedented volume of follow-on competition damages claims, the initiative reflects an attempt to manage structural pressures affecting the Court’s docket.
Beyond its immediate case-management objective, the Agreement invites broader reflection on the long-term sustainability of supreme courts confronted with mass litigation. It also raises delicate issues concerning the voluntariness of alternative dispute resolution mechanisms where participation may entail cost implications. More fundamentally, the development must be situated within the evolving framework of private enforcement of EU competition law and the still incomplete transposition of the Representative Actions Directive in Spain.
A short brief examines the procedural logic underpinning the initiative, its institutional ramifications, and its significance for collective redress in the European context.
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