Nebraska v. Daimler Truck North America

The State of Nebraska and two trade associations sued major manufacturers of internal combustion engine (ICE) Class 8 vehicles such as semi-trucks and their trade association for allegedly engaging in anticompetitive actions to phase out medium- and heavy-duty ICE vehicles. The plaintiffs alleged that the conspiracy was memorialized in a 2023 Clean Truck Partnership (CTP) agreement between original equipment manufacturers such as the defendants and the California Air Resources Board (CARB). The plaintiffs alleged that the CTP agreement is “nakedly anti-competitive” and represents “an industrywide commitment by companies to reduce their output of ICE vehicles and eliminate consumer choice, which will drive up prices for those same vehicles in Nebraska and elsewhere to subsidize the so-called ‘transition’ to [zero emission vehicles].” The plaintiffs alleged that the CTP agreement would require original equipment manufacturers to comply with CARB regulations such as the Advanced Clean Trucks and Advanced Clean Fleets rules even if the regulations were found to be unlawful and even outside California. The complaint asserted violations of the Nebraska Consumer Protection Act and the Nebraska Unlawful Restrain of Trade Act (Junkin Act). They sought declaratory and injunctive relief to bar the defendants from reducing output of or raising prices of Class 8 ICE vehicles, and from coordinating activity or taking action pursuant to the CTP agreement.