ERDEM-NEWSLETTER-2018-metin

94 NEWSLETTER 2018 cated that at this time, automakers, such as VW, BMW and Daimler are being investigated regarding the Diesel Emission Scandal. The statement of the EU Commissioner for Competition, Mar- grethe Vestager, concerning this matter is also remarkable. Vestager stated that they have investigated the claim that the above-mentioned automakers are violating the competition laws with respect to the development of emission-reducing technologies used in gasoline and diesel vehicles. Vestager qualified this claim as an infringement of the competition law that prevents consumers from purchasing lower pol- lutant-emitting vehicles, despite what is technologically available. 5 Therefore, an interesting investigation concerning the unusual claim that the competition laws are being violated by preventing technologi- cal development and restricting the competition between the competi- tors was birthed. The EU Commission is also investigating the claim that BMW, Daimler, Volkswagen, Audi and Porsche, which are commonly re- ferred as the “Circle of Five,” are exchanging information with respect to clean vehicle technologies through various meetings held amongst them. The EU Commission is specially concentrating on two emis- sion systems used in the European Union. Whilst the SCR ( Selective Catalytic Reduction ) system is used to decrease harmful nitrogen oxide oscillation in diesel passenger vehicles, the system called OPF ( Otto Particulate Filters ) decreases the harmful particles’ oscillation in gasoline passenger vehicles. If the BMW, Daimler and VW groups have formed an agreement to restrict technical development, this will be in violation of Article 101 of the Lisbon Treaty, through an agreement or a concerted action. In the relevant announcement of the EU Commission, it is also stated that at this stage, there is no clear evidence that these manufacturers used deceptive tools to mislead exhaust emissions tests, or that there was a consensus to this end amongst the said automakers. However, this is undoubtedly one of the first issues to be examined in the inves- tigation phase. 5 http://europa.eu/rapid/press-release_IP-18-5822_en.htm (Access date: 7.12.2018).