First 'dieselgate', now the emissions cartel

It's here - the EU Commission decision that companies collaborating on technical standards may be deemed to have participated in a cartel. It's a costly decision for the participants, who face fines of  €875 million. 

Now the wait for the Commission to make its decision public - it will be critical to understand whether the infringement turns on the companies having set standards at a sub-optimal level, or whether the theory of harm extends to sharing of technology with the aim of improving standards. Executive Vice President Vestager's press statement refers to "legitimate technological cooperation [going] wrong" so companies collaborating to improve standards should fall the right side of the antitrust line. Article 101(3) may be unpopular, but is likely to be critical in such cases.