The CMA or the Competition and Markets Authority, UK’s competition regulator, alleged that Bavarian carmaker BMW has information relevant to an industry probe that started in March 2022 over accusations of anti-competitive conduct involving several carmakers and trade associations. CMA’s investigation is related to the recycling of written-off or old vehicles.
With the belief that the anti-competitive conduct took place both in and outside the UK, the regulator suspected that Germany-based carmaker BMW AG, including BMW Group manufacturers operating outside of the UK, had knowledge that would be useful to the CMA’s investigation. As such, the regulator sent a formal request to the BMW Group and its parent company BMW AG to provide the relevant information.
According to the CMA, BMW did not completely adhere to their legal request. A CMA representative said that while BMW UK supplied some details, the BMW Group failed to do so and even claimed that the regulator does not have the authority to make such a request, especially if the documents are kept outside the jurisdiction of the UK. This argument is not acceptable for the CMA and thus resulted in the issuance of a penalty for not complying with information requests.
BMW’s fine is a fixed £30,000 plus a daily £15,000 penalty that will keep accumulating until the carmaker produces the requested information. If BMW still refuses to cooperate, the CMA will be forced to resort to an infringement decision, or the case will be closed.
The CMA uses information requests as legal tools so they can officially collect information and documents that are relevant to their investigations. These are mandatory requests that help ensure evidence-based findings and decisions.
An e-mailed statement from the BMW Group said that although they are cooperating with authorities, they will only do so if the authorities are competent and acting within the scope of their responsibilities and powers. The carmaker’s UK company is working with the CMA while their parent company is coordinating with the EU Commission.
A parallel investigation led by the European Commission was also launched in connection with EU cartel rules violations. The investigators raided the offices of Stellantis and Renault, while the CMA sent a Notice to Ford.
Diesel emissions scandal
The CMA, EU Commission, and other authorities have been extra observant with vehicle manufacturers since the Dieselgate scandal. Although it has been almost eight years since it first broke, the aftereffects continue to hound the global automotive industry. Every carmaker’s move, every development or new product, is closely watched.
This is understandable because the Dieselgate diesel emissions scandal shocked the industry when it unfolded in September 2015.
After sending a Notice of Violation to the Volkswagen Group for allegedly violating emissions laws, US authorities issued a fine against the carmaker for allegedly equipping Audi and VW diesel vehicles with defeat devices intended for cheating on emissions tests. The California Air Resources Board (CARB) also ordered the carmaker to recall all affected vehicles in the US. Reports indicated that hundreds of thousands of Audis and VWs were installed with the device.
A defeat device is illegal as it automatically reduces emissions levels once it detects that a vehicle is being tested. It hides real emissions so the vehicle would pass regulatory tests.
However, while the vehicle follows the World Health Organization’s (WHO) legal limits, this is only good when it is inside the lab. Once testing is done and the vehicle is out and being driven on real-life roads, emissions spike up to excessive and dangerous levels. It emits unlawful volumes of NOx or nitrogen oxide, a group of reactive gases that can destroy human lives.
Volkswagen was aware that their vehicles were equipped with the illegal devices. Mercedes-Benz, Renault, BMW, and many other carmakers were all aware as well when authorities accused them of using the cheat device. These manufacturers did not care about protecting or keeping their customers safe; they were more committed to making huge profits. They mis-sold defeat device-equipped vehicles at premium prices.
This is why law firms have been vocal about their legal fight against the carmakers. Over the years, they have continued to encourage affected drivers to file a diesel claim against their manufacturers. The claim will hold the carmakers responsible for the dangers and inconveniences brought about by the defeat devices.
What dangers are affected drivers facing?
Affected drivers and the people around them are exposed to NOx emissions. These contain harmful gases such as NO2 (nitrogen dioxide) and NO (nitric oxide), which have negative effects on both the environment and human health.
Their health impacts are an extensive list that includes depression, anxiety, and dementia. Asthma and other respiratory diseases are common effects, but the serious ones can be life-threatening:
- COPD
- Pulmonary oedema
- Cancer
- Cardiovascular disease
- Premature death
Exposure to NOx emissions can affect a person’s quality of life or even shorten their lifespan. So, it is important to hold carmakers responsible for their illegal actions.
Is my diesel claim ideal for me?
A diesel claim is the best course of legal action for any affected car owner. If you are unsure of your eligibility, check out the information that ClaimExperts provides. They’ll help you determine if you are eligible to receive compensation or not. Don’t forget to consult with an emissions expert as well.
Filing an emission claim won’t cost you anything. So, start yours now.
