Will
it affect the classic car sector?
At this early stage the feeling from a specialist classic
car replacement parts and services supplier is "this
would
mainly relate to vehicles where the manufacturer still supports
the provision of parts, which for the vast majority of classic
cars none do. Classic MGs like MGBs are pretty well served
with replacement parts, the majority of which are from the
parts aftermarket with the exception of the body panels
and shells from BMH at Witney for MGBs and Midgets. In truth
the EU crackdown (which is not new) seems to me to be protectionism
for the manufacturers who will argue that its their money
that has funded the original design of the car and some of
the parts and therefore they have a right to it for ever more.
Allowing them to charge in a majority of cases very considerable
sums for the parts. Thats probably why aftermarket parts
suppliers are seizing the moment to see if they can get the
UK Government to have a different stance, particularly as
they deal mainly in parts for modern cars not the classics!"
Another comment on the news item
This is ambiguous - does 'branded' mean sold by the original
manufacturer or sold by a reputable manufacturer? Companies
like Lemforder and Valeo supply car manufacturers in the first
instance and will also supply them with spare parts, but also
sell the same parts under their own name at a lower price
than the manufacturers, so it would be very anti-competitive
if that were not allowed. The previous EU rulings were
designed to open up the market, so it is to be hoped they
are not back tracking on that. For the classic car market
it would of course be absurd to require spare parts only to
be supplied by the original manufacturer who may no longer
exist or not be interested in supplying parts for models long
out of production.
The new EU competition law framework for the automotive
aftermarket
The current position is set out in this document released
in 2010. More
Following the expiry of the Block Exemption Regulation No.
1400/2002 on 31st May 2010, the European Commission has introduced
a new competition law framework for the automotive sector
focusing on aftermartket issues. Applied in the market since
the 1st June 2010, these new rules are enacted in four key
legal instruments :
the Automotive Block Exemption Regulation (EU) No.
461/2010
the sector-specific Guidelines on vertical restraints
in agreements for the sale and repair of motor vehicles and
for the distribution of spare parts for motor vehicles
the Vertical Restraints Block Exemption Regulation
(EU) No. 330/2010
the general Guidelines on vertical agreements
These rules will apply until the 31st May 2023. They cover
the trade in spare parts for and the repair and maintenance
of all self propelled vehicles with more than 3 wheels
(e.g. passenger cars, light commercial vehicles and heavy
duty vehicles). While the new rules are particularly important
to illustrate what vehicle manufacturers may or may not do,
they also affect the agreements concluded between independent
aftermarket operators.
What has the EU Commission done?
The EU Commission has issued a report on this area and for
anyone who enjoys wading through the jungle of EU Commission
documents you can see the report
here. It does not recommend any changes in this area,
but our contact in Brussels will try to find out more. There
is a suspicion that a parts supplier may be starting a scare
to dissuade the EU Commission from even thinking about it.
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