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Antitrust Com Fines Car
Antitrust Com Fines Car
Leniency Settlement
Final amount
reduction discount
Background
Today's cartel investigation is an example of how competition law enforcement can contribute to the
Green Deal by keeping our markets efficient, fair and innovative. Innovation is the key for Europe to
meet its ambitious Green Deal objectives and vibrant competition is the key for such innovation to
thrive.
This cartel investigation is separate and distinct from other investigations, including those by public
prosecutors and other authorities into car manufacturers and the use of illegal defeat devices to
cheat regulatory testing. There are no indications that the parties coordinated the use of illegal
defeat devices to cheat regulatory testing.
In these cartel proceedings, the Commission did not determine whether the car manufacturers
complied with EU car emission standards or cleaned to a higher standard than that required.
This is the first time that the Commission concludes that collusion on technical development
amounts to a cartel. In view of this novelty, the Commission provided the parties with guidance on
aspects of their SCR-system related cooperation which raise no competition concerns, such as the
standardisation of the AdBlue filler neck, the discussion of quality standards for AdBlue or the joint
development of an AdBlue dosing software platform.
In April 2019, the Commission adopted a Statement of Objections in the ordinary procedure against
Daimler, BMW and Volkswagen group concerning their technical cooperation on the development of
SCR-systems for new diesel passenger cars and concerning Otto particle filters (OPF) to reduce
harmful particle emissions from the exhaust gases of new petrol passenger cars with direct injection.
In February 2021, the case switched from the ordinary procedure to the settlement procedure.
The Commission decided not to pursue further the OPF-aspect of the case as it considered that the
evidence was insufficient to prove an infringement of the OPF-aspect.
Procedural Background
Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) prohibits cartels and
other restrictive business practices, including restrictions of technical development. Article 53(1) of
the EEA-Agreement does the same.
The Commission's investigation in this case started with an application under the 2006 Leniency
Notice submitted by Daimler, followed by an application for reduction of fines by Volkswagen group.
Fines imposed on undertakings found in breach of EU antitrust rules are paid into the general EU
budget. This money is not earmarked for particular expenses, but Member States' contributions to
the EU budget for the following year are reduced accordingly. The fines therefore help to finance the
EU and reduce the burden for taxpayers. In accordance with Article 141(2) of the EU-UK Withdrawal
Agreement, this case is a “continued competence case”. The EU shall therefore reimburse the UK for
its share of the amount of the fine once the fine has become definitive. The collection of the fine, the
calculation of the UK's share and the reimbursement will be the carried out by the Commission.
More information on this case will be available under the case number AT.40178 in the public case
register on the Commission's competition website, once confidentiality issues have been dealt with.
For more information on the Commission's action against cartels, see its cartels website. For a
timeline on all antitrust cases please see here.
The settlement procedure
Today's decision is the 36 th cartel settlement since the introduction of this procedure for cartels in
June 2008 (see press release and MEMO). In a cartel settlement, parties acknowledge their
participation in a cartel and their liability for it. Cartel settlements are based on Antitrust Regulation
1/2003 and allow the Commission to apply a simplified and shortened procedure. This benefits
consumers and taxpayers as it reduces costs. It also benefits antitrust enforcement as it frees up
resources to tackle other suspected cartels. Finally, the parties themselves benefit in terms of
quicker decisions and a 10% reduction in fines.
Whistleblower tool
The Commission has set up a tool to make it easier for individuals to alert it about anti-competitive
conduct while maintaining their anonymity. The tool protects whistleblowers' anonymity through a
specifically designed encrypted messaging system that allows two-way communications. The tool is
accessible via this link.
Action for damages
Any person or company affected by anti-competitive conduct as described in this case may bring the
matter before the courts of the Member States and seek damages. The case law of the Court and
Council Regulation 1/2003 both confirm that in cases before national courts, a Commission decision
constitutes binding proof that the conduct took place and was illegal. Even though the Commission
has fined the cartel participants concerned, damages may be awarded without being reduced on
account of the Commission fine.
The Antitrust Damages Directive, which Member States had to transpose into their legal systems by
27 December 2016, makes it easier for victims of anti-competitive practices to obtain damages. More
information on antitrust damages actions, including a practical guide on how to quantify antitrust
harm, is available here.
IP/21/3581
Press contacts:
Arianna PODESTA (+32 2 298 70 24)
Maria TSONI (+32 2 299 05 26)
General public inquiries: Europe Direct by phone 00 800 67 89 10 11 or by email