The Department of Justice is engaging with counterparts in the European Commission over US concerns about “comfort letters” the EU issued to the car industry on teaming up when negotiating licenses for patented technologies without running afoul of antitrust laws.
The Department of Justice is engaging with counterparts in the European Commission over US concerns about “comfort letters” the EU issued to the car industry on teaming up when negotiating licenses for patented technologies without running afoul of antitrust laws."All I can say is we are definitely engaging with our colleagues on these issues," Deputy Assistant Attorney General Dina Kallay said at a conference*.
MLex reported earlier this week that BMW, Volkswagen, Mercedes-Benz and Thyssenkrupp are under an antitrust investigation by the DOJ's Antitrust Division over their licensing practices. The DOJ sent civil investigative demands to the companies in late December and early 2026, it's understood (see here).
The “Justice Department’s rules prevent us from commenting on ongoing criminal or civil investigations,” an agency spokesperson told MLex.
In 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.
Last year, Kallay said the guidance to carmakers was a "surprising," "unusual" and an "unfortunate" development as it appeared to bless buyer cartels (see here).
"It is important to try and not diverge to the extent possible. I'm very hopeful that we'll get there," Kallay said at the conference. "Since the international work is going well and we're ... closer together, I'm hopeful that we'll resolve it."
Buyer cartels are as illegal as seller cartels in the US, she said in a speech in late 2025.
At another conference** this week, a top EU official defended her agency’s approval of cooperation between German carmakers over the licensing of technologies, after the companies drew antitrust scrutiny from US regulators.
“We know a buyers’ cartel when we see it,” Linsey McCallum said. “I really find it hard to equate joint purchasing to a buyers cartel.”
*"GCR Live: AI in Transforming Markets," Global Competition Review, Washington, D.C., March 24, 2026.
**American Bar Association Antitrust Spring Meeting 2026. Washington, DC. March 25-27, 2026.
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