Navigation path

HOME
Policy areas
Sectors
Who is in charge?
Competition and you
Cases
In this section:
Overview
MVBER review
What's new?
Legislation >
Cases >
Car price report >
Documents

Motor vehicles

Review of the Motor Vehicle Block Exemption Regulation

Policy field

Competition: Antitrust

Background

Art. 101(1) of the Treaty on the Functioning of the European Union (“the Treaty”) prohibits anticompetitive agreements between undertakings unless they fulfil the conditions contained in Art. 101(3) of the Treaty (i.e. they present efficiencies and allow consumers a fair share of the resulting benefits). Council Regulation (EEC) 19/65 enables the Commission to apply Art. 101(3) of the Treaty by regulation to certain categories of vertical agreements and corresponding concerted practices falling within Art. 101(1) of the Treaty for which it can be assumed with sufficient certainty that they satisfy the conditions of Art. 101(3) of the Treaty. The Commission has made use of this power by adopting general as well as sector-specific measures.

Motor vehicle distribution and after-sales agreements are currently subject to Commission Regulation (EU) No 461/2010 (the "Motor Vehicle Block Exemption Regulation"). The Commission also adopted a Notice providing guidance on the interpretation of this Regulation ("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"). The Motor Vehicle Block Exemption Regulation mandates the Commission to draw up an evaluation report on its operation by 31 May 2021, in view of its expiry on 31 May 2023.

The evaluation was launched on 3 December 2018 and its progress can be followed on the Commission’s Better Regulation Portal. A public consultation was launched on 12 October 2020 and ran until 25 January 2021. Further information on the consultation can be found here. A summary of the contributions can also be found here. National Competition Authorities were also consulted on the evaluation. A summary of their contributions can be found here.

The purpose of the evaluation is to gather facts and evidence on the functioning of the Motor Vehicle Block Exemption Regulation (including the application of Commission Regulation (EU) No 330/2010 to the motor vehicle sector), along with the corresponding Guidelines, notably by verifying the extent to which its objectives are fulfilled. The evaluation will be based on the following criteria: effectiveness, efficiency, relevance, coherence and EU added value. Upon conclusion of the evaluation phase in May 2021, the Commission will decide on the future exemption regime that will apply after May 2023.

Contact details

Responsible services:

Directorate-General for Competition – Unit E.2 – Antitrust: Consumer goods, Basic industries, Agriculture and Manufacturing
Please always indicate the reference number in your correspondence: HT.5336

E-Mail address:

COMP-CAR-SECTOR@ec.europa.eu

Postal address:

European Commission
Directorate-General for Competition
1049 Brussels
Belgique/België