ERDEM-NEWSLETTER-2018-metin

92 NEWSLETTER 2018 New Horizons in Competition Law; Diesel Emissions Scandal* Att. Mert Karamustafaoglu “No one is as blind as someone who doesn’t want to see.” İbni Sina Introduction The United States of America Directorate of Environmental Pro- tection announced in 2015 that the exhaust emission tests performed on Volkswagen (“VW”) diesel engine vehicles at the factory exit point were faulty 1 . Following this announcement, it was alleged that many German Automakers, amongst which BMW, Daimler, and VW groups also take part, had been manipulating exhaust emission rates. This situation rendered the millions of vehicles produced worldwide by the above-mentioned automakers controversial. It is alleged, however, that the exhaust emission tests performed at factory points of exit on 11 million vehicles manufactured only by VW were faulty. In fact, many vehicles were also recalled due to airbag, gearbox problems, or other faulty issues, such as braking systems. However, the incident referred to as the “Diesel Emission Scandal” involves very different aspects than these noted issues. According to the alleged claims, the subject vehicles’ carbon emissions are being deliberately understated through software placed in the diesel engine vehicles. In other words, the manufacturers are deliberately understating the ex- haust emission rates through software, thereby deceiving the consum- ers. * Article of November 2018 1 https://www.bbc.com/turkce/ekonomi/2015/09/150922_volkswagen_emisyon (Access date: 28.11.2018).