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Motor vehicles

Legislation

The activities of the Commission's competition department in the anti-trust field involve the application of Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union. The motor vehicle sector also has its own "block exemption" regulation, This is a safe harbour that exempts a whole category of motor vehicle distribution and repair agreements from the prohibition laid down in Article 101(1).

Agreements can benefit from the block exemption so long as they do not contain any serious restrictions of competition and meet the other conditions laid down by the Regulation. The task of the Commission's competition department is to monitor the effects of this Regulation on the relevant markets and to provide appropriate guidance on its interpretation to those interested. It does so in close liaison with the competition authorities of the Member States.

New Block Exemption Regulation

Commission Regulation 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector

Corrigendum to the Finnish version - Official Journal C301 of 18.11.2010, p.20
Corrigendum to the Italian version - Official Journal L148 of 07.06.2011, p.20

Press release - Memo
The provisions of Commission Regulation 1400/2002 on vertical agreements for the purchase, sale or resale of new motor vehicles still apply until 31 May 2013.

Commission Guidelines

Supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles
Official Journal C138, 28.5.2010, p.16.

Communication of the Commission and accompanying Impact Assessment on a future competition law framework for motor vehicles

Communication from the Commission (COM(2009) 388 final)
Executive Summary of the Impact Assessment Report (SEC(2009) 1053)
Impact Assessment Report (SEC(2009) 1052)
Technical annex 1 - Main policy objectives
Technical annex 2 - The economics of vertical restraints
Technical annex 3 - Evolution of the motor vehicle markets since Regulation 1400/2002 entered into force
Technical annex 4 - Comparing and contrasting the four policy options
Technical annex 5 - Identification and weighting of the relevant assessment criteria
Press release - IP/09/1168: Antitrust: Commission proposes future competition law regime for motor vehicle sector
Memo 09/348 - Frequently asked questions

Other legal texts useful for assessing vertical agreements in the motor vehicles sector

Commission Regulation 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices.
Official Journal L 102, 23.4.2010, p.1-7
Commission notice - Guidelines on Vertical Restraints
Official Journal C 130, 19.05.2010, p. 1
Commission notice on the definition of the relevant market for the purposes of Community competition law
Official Journal: OJ C 372 09.12.1997, p. 5-13.
Commission Notice on agreements of minor importance which do not appreciably restrict competition under Article 81(1) of the Treaty establishing the European Community (de minimis)
Official Journal C 368, 22.12.2001, pages 13-15
Communication from the Commission - Notice - Guidelines on the application of Article 81(3) of the Treaty
Official Journal C 101, 27.04.2004, pages 97- 118
Commission Notice - Guidelines on the effect on trade concept contained in Articles 81 and 82 of the Treaty
Official Journal C 101, 27.04.2004, pages 81-96

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