German Diesel Vehicle Antitrust Case
On August 2, 2017, Pearson, Simon & Warshaw, LLP filed a class action
lawsuit against Audi, BMW, Mercedes-Benz, Porsche and Volkswagen, and
related entities, alleging that these German vehicle manufactures engaged
in anticompetitive conduct that violates both federal and state antitrust
laws and consumer protection statutes. The class action was brought on
behalf of purchasers of defendants' new model diesel vehicles from
January 1, 2000 to the present in the United States.
The complaint alleges that:
- Defendants regularly met to coordinate on costs, prices, suppliers, technical
development and other competitive aspects regarding everything from brake
controls and chassis to electronics and car assembly. Defendants reportedly
coordinated on the cleaning tanks (AdBlue tanks) used in diesel emissions
systems – tanks that were known to be too small and are now the
cause of illegal pollution in cities throughout the world, including in
California and the United States.
- The European Commission (“EC”) Competition authorities in Brussels
and Germany’s Federal Cartel Office have confirmed that they are
investigating Defendants’ participation in anticompetitive activities.
In fact, two of the three ultimate parent companies in the conspiracy
– Volkswagen AG (which controls Audi AG and Porsche AG) and Daimler
AG – have already (i) admitted to the EC Competition authorities
and Germany’s Federal Cartel Office that they coordinated with co-defendants
and/or other unnamed co-conspirators on competitive aspects of their businesses,
and (ii) been cooperating with the EC Competition authorities in the hopes
of obtaining amnesty or leniency for their anticompetitive misconduct.
If you would like to discuss this case with Pearson, Simon & Warshaw, please
contact us.