On Tuesday 18 September, the European Commission launched a formal investigation into a possible merger between BMW, Daimler and the VW group (Volkswagen, Audi and Porsche) to avoid competition concerning the development and deployment of emissions reduction technologies in private cars.
“If proven, this collusion may have denied consumers the opportunity to buy less polluting cars, despite the technology being available to the manufacturers”, said Margrethe Vestager, the Commissioner responsible for Competition Policy, without prejudging the results of this formal investigation.
The investigation was opened following inspections carried out by the Commission in October 2007, the German news magazine Der Spiegel having revealed a few weeks earlier that five car builders (the "circle of five") had entered into agreements concerning pollutant emissions reduction technologies for diesel cars since the 1990s (see EUROPE 11835, 11889).
The Commission is attempting to find out whether the "circle of five" agreed to limit the development and deployment of certain emissions control systems for cars sold in the European Economic Area (EEA), in particular selective catalytic reduction systems (diesel vehicles) and 'Otto' particulate filters (petrol cars).
The institution's analysis therefore aims to determine whether the conduct of the companies in question constitutes an infringement of article 101 of the Treaty on the Functioning of the European Union concerning agreements and concerted practices.
If it emerges that the companies also exchanged information on other technical points concerning vehicle design, the Commission does not consider that as they stand, these exchanges merit being examined in the framework of the in-depth investigation.
Reactions. The companies have reacted to the announcement soberly and cautiously. “We are fully cooperating with the authorities”, said a Daimler spokesperson, whilst BMW stresses that it is “wholeheartedly committed to the principles of market economics and fair competition”, AFP reports.
Transport & Environment considers that the opening of this in-depth investigation just three years after the Dieselgate scandal is a “timely reminder the German car industry put profits above people and the law”. (Original version in French by Lucas Tripoteau)