GovWire

Case timetable

Penalty notice

Update on High Court and Competition Appeal Tribunal (CAT) judgment

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 CMAs 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 CMAs decision to impose a penalty under section 40A CA98 for BMW AGs 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 AGs and BMW AGs favour.

The full judgment can be found on the CATs website.

A CMA spokesperson said:

We are disappointed with todays 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 todays 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 todays judgment, we will be seeking permission to appeal.

Notice of penalty

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.

• Penalty notice (PDF, 216KB) (8.12.22)
• News story: BMW fined for failing to comply with CMA information request

Case information

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 CMAs investigation procedures in CA98 cases.

• Press release: CMA launches investigation into recycling of cars and vans (15.3.22)

Personal data

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 CMAs Personal Information Charter.

Contact

For any enquiries relating to this case, please contact:

• Principal Case Officer: Adam Brill adam.brill@cma.gov.uk

• Assistant Project Directors: Jenny Brady jennifer.brady@cma.gov.uk and Sarah Northam sarah.northam@cma.gov.uk and Catherine Pemberton catherine.pemberton@cma.gov.uk

• Lead Investigator: Padraig Sheerin padraig.sheerin@cma.gov.uk

• Project Director: Luclia Falsarella Pereira lucilia.falsarella-pereira@cma.gov.uk

• Senior Responsible Officer: Juliette Enser juliette.enser@cma.gov.uk