Anti-competitive conduct in relation to vehicle recycling and advertising of recycling-related features
| Date | Action |
|---|---|
| 16 May 2025 | Publication of non-confidential version of the infringement decision |
| 1 April 2025 | Infringement decision issued to the parties and settlement announced |
| 18 March 2025 | Statement of objections issued |
| 14 March 2025 | Settlement agreed |
| September 2024 to March 2025 | Investigation continuing: including information gathering, analysis and review of information gathered |
| April 2024 to September 2024 | Investigation continuing: including information gathering, analysis and review of information gathered |
| July 2023 to March 2024 | Investigation continuing: including information gathering, analysis and review of information gathered |
| December 2022 to July 2023 | Investigation continuing: including information gathering, analysis and review of information gathered |
| March to December 2022 | Initial investigation: including information gathering, analysis and review of information gathered |
| March 2022 | Investigation opened |
16 May 2025: The CMA has published a non-confidential version of the infringement decision in this case.
1 April 2025: The CMA issued an infringement decision under the Competition Act 1998 finding that a number of vehicle manufacturers and two trade associations breached competition law, leading to fines totalling over £77 million.
The decision is addressed to the following vehicle manufacturers:
The decision is also addressed to the following trade associations:
The CMA imposed fines totalling £77,688,917 which includes a 20% settlement discount to reflect that they admitted their role in the infringement and agreed to cooperate with the CMA.
Mercedes-Benz reported the suspected conduct to the CMA, and therefore benefits from immunity from any fine under the CMA’s leniency policy.
The CMA infringement decision follows a Statement of Objections issued to the parties on 18 March 2025.
17 January 2024: In a unanimous judgment, the Court of Appeal has fully upheld the CMA’s appeal against a combined High Court and Competition Appeal Tribunal judgment which had limited the CMA’s power to issue formal information requests to overseas entities.
8 February 2023: The High Court and CAT have handed down a combined judgment in relation to: (i) a judicial review application by Volkswagen AG relating to the CMA’s decision to issue a notice requiring it to produce documents and information under section 26 of the Competition Act 1998 (CA98); and (ii) an appeal by BMW AG of the CMA’s decision to impose a penalty under section 40A CA98 for BMW AG’s failure, without reasonable excuse, to comply with a requirement imposed on it pursuant to section 26 of the CA98. The High Court and CAT have found in Volkswagen AG’s and BMW AG’s favour.
The full judgment can be found on the CAT’s website.
A CMA spokesperson said:
“We are disappointed with today’s judgment. We need effective tools to investigate suspected unlawful conduct and ensure robust enforcement under the Competition Act. Increasingly, our investigations involve cross-border, multi-national organisations, and today’s judgment substantially risks undermining our ability to investigate, enforce against and deter anti-competitive conduct that harms consumers, businesses and markets in the UK.
“Given the importance of today’s judgment, we will be seeking permission to appeal.”
8 December 2022: The CMA has published a notice of a penalty imposed on Bayerische Motoren Werke AG (BMW AG) under section 40A of the CA98. The CMA imposed the penalty on 6 December 2022 because BMW AG, without reasonable excuse, failed to comply with a requirement imposed on it pursuant to section 26 of the CA98.
On 15 March 2022, the CMA launched an investigation into suspected breaches of competition law relating to the recycling of old or written-off vehicles, specifically cars and vans, which are known in the industry as ‘end-of-life vehicles’ or ELVs. The investigation concerns suspected infringements of Chapter I of the Competition Act 1998 (‘CA98’) involving a number of vehicle manufacturers and some industry bodies.
No assumption should be made at this stage that the CA98 has been infringed. The CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections to any of the parties under investigation. Not all cases result in the CMA issuing a statement of objections.
If the CMA issues a statement of objections, it will provide the addressee(s) of that statement of objections with an opportunity to make written and oral representations, before it makes a final decision. See here for further detail of the CMA’s investigation procedures in CA98 cases.
The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018.
For more information about how the CMA handles personal information, please see the CMA’s Personal Information Charter.
For any enquiries relating to this case, please contact:
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Lead Investigator: Padraig Sheerin ([email protected])
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Project Director: Andrew Groves ([email protected])
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Senior Responsible Officer: Lucília Falsarella-Pereira ([email protected])
