Jurisdiction(s):
United Kingdom

Key definition

Article 101 definition

What does Article 101 mean? In practice, Article 101 is the EU competition law rule that bans anti‑competitive agreements and concerted practices—such as cartels, price‑fixing, market‑sharing, bid‑rigging and resale price maintenance—where they prevent, restrict or distort competition and affect trade between EU member States. It covers agreements between undertakings, decisions of associations of undertakings and informal coordination; the test is whether the conduct has an anti‑competitive object or effect. The rule is set out in Article 101 TFEU and developed by Court of Justice case law. Prohibited agreements are void and can attract fines and damages claims. Exemptions may apply under Article 101(3) where...

European Commission Article 101 decision on diesel NOx SCR technology cartel (AT.40178): BMW, Daimler and Volkswagen settle; €875m fines; first restriction of technical development case; appeal pending

Published by a LexisNexis Competition expert

Practice notes

ARCHIVED—this case hub captures the position as at the decision of 8 July 2021 and is no longer maintained.

NOTE—appeal lodged before the General Court in Case T- 87/22. See further, timeline and commentary.

Case facts

Outline

European Commission Article 101 TFEU investigation into limiting competition in the development of technology to clean diesel passenger-car emissions (ie nitrogen oxide abatement) (Case AT.40178).

Latest development

On 8 July 2021, the Commission issued an Infringement decision after the three companies settled with it and accepted their role in the cartel. Overall fines of €875m were imposed.

Fines per company were:

Volkswagen—€502.362 (with a 45% Leniency reduction and a 10% settlement reduction)
BMW—€372.827m (including a 10% settlement reduction)
Daimler—no fine (as it received immunity)

Parties

Bayerische Motorenwerke AG (BMW): a German car manufacturer based in Munich
Daimler AG (Daimler): a German car manufacturer based in Stuttgart
Volkswagen AG (Volkswagen): a German car manufacturer based in Wolfsburg

The investigation concerns the Volkswagen brands Volkswagen, Audi and Porsche...

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Web page updated on 22/05/2026

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