COMPETITION • EUROPEAN LAW • RESTRICTIVE AGREEMENTS
Regulation No 461/2010 has, since 1 June 2010, made the motor vehicle aftermarket subject to a specific set of legal rules with the aim of freeing up the after-sales market and giving repairers access to parts from other brands, while maintaining the possibility for manufacturers to require that repairs be carried out within their network when under warranty, the cost of which they assume.
Pursuant to Article 4 of the regulation, Article 101 TFEU does not apply to agreements relating to the sale or resale of spare parts or the provision of repair and maintenance services, which fulfill the requirements for an exemption under Regulation No 330/2010 and do not contain any of the hardcore restrictions listed in Article 5 of Regulation No 461/2010. Agreements must not, either directly or indirectly, in isolation or cumulatively, restrict the sales of spare parts by members of a selective distribution system to independent repairers which use those parts for the repair and maintenance of a motor vehicle, restrict the supplier’s ability to sell spare parts, repair or diagnostic tools or other equipment to authorized or independent operators (dealers or repairers) or end users, or to place its trade mark or logo effectively and in an easily visible manner on the components supplied or on the spare parts (Article 5).
