Fremtidig rammeverk for EUs konkurranselovgivning for bilsektoren
Meddelelse fra Kommisjonen: Det fremtidige konkurranselovrammeverk for kjøretøysektoren
Meddelelse lagt fram av Kommisjonen 22.7.2009
Nærmere omtale
BAKGRUNN (fra kommisjonsmeddelelsen, engelsk utgave)
1. Motor vehicle manufacturers distribute and ensure the repair and maintenance of their products through authorised dealer and repairer networks. The bundles of similar vertical agreements which make up these networks may require assessment pursuant to Article 81 of the Treaty. Block exemption regulations create safe harbours for categories of agreements that are caught by the prohibition in Article 81(1), relieving the contracting parties from the need to analyse whether those agreements can benefit from the exception provided for in Article 81(3). Block exemptions thus contribute to legal certainty and to the coherent application of EU competition rules across the EU. Agreements not covered by a block exemption are not presumed to be illegal, but instead have to be assessed individually.
2. The motor vehicle sector, which includes passenger cars and commercial vehicles, has been subject to specific block exemptions regulations since the mid-eighties, the most recent being Commission Regulation (EC) No 1400/2002 ("the Regulation”), which was adopted in July 2002 and became applicable on 1 October 2003. This Regulation will expire on 31 May 2010. Stakeholders are virtually unanimous that the sector should continue to benefit from a block exemption, whether general or sector-specific, after this date. The purpose of the present communication is to set out the basic policy orientations for the future legal framework that should apply to motor vehicle distribution and after-sales services agreements after the expiry of the Regulation. All interested parties are invited to submit comments on this Communication before 25 September 2009. The Commission will take due account of these comments in the context of the follow-on legislative procedure.
1. Motor vehicle manufacturers distribute and ensure the repair and maintenance of their products through authorised dealer and repairer networks. The bundles of similar vertical agreements which make up these networks may require assessment pursuant to Article 81 of the Treaty. Block exemption regulations create safe harbours for categories of agreements that are caught by the prohibition in Article 81(1), relieving the contracting parties from the need to analyse whether those agreements can benefit from the exception provided for in Article 81(3). Block exemptions thus contribute to legal certainty and to the coherent application of EU competition rules across the EU. Agreements not covered by a block exemption are not presumed to be illegal, but instead have to be assessed individually.
2. The motor vehicle sector, which includes passenger cars and commercial vehicles, has been subject to specific block exemptions regulations since the mid-eighties, the most recent being Commission Regulation (EC) No 1400/2002 ("the Regulation”), which was adopted in July 2002 and became applicable on 1 October 2003. This Regulation will expire on 31 May 2010. Stakeholders are virtually unanimous that the sector should continue to benefit from a block exemption, whether general or sector-specific, after this date. The purpose of the present communication is to set out the basic policy orientations for the future legal framework that should apply to motor vehicle distribution and after-sales services agreements after the expiry of the Regulation. All interested parties are invited to submit comments on this Communication before 25 September 2009. The Commission will take due account of these comments in the context of the follow-on legislative procedure.