BMW, Volkswagen, Mercedes-Benz and Thyssenkrupp are being investigated by the US Department of Justice over their licensing practices, MLex has learned. The DOJ’s Antitrust Division sent civil investigative demands to the companies in late December and early 2026, it is understood.
BMW, Volkswagen, Mercedes-Benz and Thyssenkrupp are under an antitrust investigation by the US Department of Justice over their licensing practices, MLex has learned.The DOJ Antitrust Division sent civil investigative demands to the companies in late December and early 2026, it is understood. “Justice Department’s rules prevent us from commenting on ongoing criminal or civil investigations,” an agency spokesperson said.
The German automotive industry players are part of a joint licensing negotiation group, and DOJ enforcers have concerns that the activity is potentially collusive and violates Section 1 of the Sherman Act, MLex understands.
On July 2025, the European Commission issued “comfort letters” to the car industry about teaming up when negotiating licenses for patented technologies, while separate guidance was granted to APM Terminals over plans to introduce battery-powered vehicles, reducing emissions (see here).
The comfort letter was made public in September (see here). In the automotive industry, BMW, Mercedes-Benz and Volkswagen were among the first companies to benefit from the new EU policy approach.
A senior DOJ enforcer previously expressed concerns about the EU guidance, saying the guidance to carmakers on cooperating over licenses without violating competition law was a "surprising," "unusual" and an "unfortunate" development as it appeared to bless buyer cartels (see here).
In 2024, BMW, Mercedes-Benz, ThyssenKrupp and Volkswagen received similar backing from the German antitrust agency to go ahead with their planned cooperation, called the Automotive Licensing Negotiation Group or ALNG. The project will allow them to jointly negotiate the conditions for the acquisition of licenses for standard essential patents. The authority expressed minor concerns about the project but emphasized that it would be acceptable only if its activities are limited to standards that aren't specific to the automotive sector and comply with competition law guidelines (see here).
"The U.S. Department of Justice (“DOJ”) has already been informed about the ALNG concept in the past. BMW Group has recently received a voluntary request for information from the DOJ about the ALNG, to which it has provided a response," a spokesperson for BMW Group told MLex. "The BMW Group will constructively support the DOJ in any assessment of the ALNG concept."
The spokesperson said that for some time, BMW Group has been assessing with other international companies how negotiation groups for the licensing of SEPs can be implemented in a legally compliant way. At the request of the companies, the German Federal Cartel Office and the EU Commission issued positive antitrust guidance letters on proposals for the ALNG.
"However, the ALNG concept has never been implemented," the BMW spokesperson said. "Furthermore, in its draft for new guidelines on technology transfer agreements the EU Commission published for the first time a separate chapter on antitrust compliant ways to implement licensing negotiation groups. Since SEP topics are always of international relevance, the BMW Group welcomes any guidance on the ALNG concept from international antitrust authorities."
A Thyssenkrupp spokesperson told MLex that as a matter of principle, the company does not comment on any regulatory inquiries or investigations. "It goes without saying, though, that our company complies with all applicable competition and antitrust laws in the jurisdictions in which we operate."
Spokespersons for Volkswagen and Mercedes-Benz did not respond to an email seeking comment. A DOJ spokesperson did not comment.
Buyer cartels are as illegal as seller cartels in the US. For example, the DOJ filed a statement of interest in December 2019 in the matter of Global Music Rights versus Radio Music License Committee (see here). The DOJ told a Los Angeles federal court that the Radio Music License Committee incorrectly argued that Global Music Rights' claims are subject to the competitive balancing test known as the rule of reason, despite having alleged the trade group is functioning as a horizontal-buyer's cartel (see here and here). RMLC was accused of fixing the rates its member stations would pay for licensing fees to GMR's songs.
The DOJ said it took no position on the merits of the case. The case was ultimately resolved with a licensing agreement (see here).
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