On 17 April 2023, the Commission extended the applicability of Regulation (EU) 461/2010 on the application of Article 101(3) TFEU to categories of vertical agreements and concerted practices in the motor vehicle sector ("Block Exemption Regulation") for another five years, i.e. until 31 May 2028, following positive feedback from stakeholders and few substantial changes in the market conditions.
The Block Exemption Regulation, with its updated guidelines, creates a "safe harbour" for vertical agreements for the purchase, sale or resale of new motor vehicles, vertical agreements for the purchase, sale or resale of spare parts for motor vehicles and vertical agreements for the provision of repair and maintenance services for such vehicles. These agreements must meet the exemption conditions of Regulation (EU) 2022/720 on the application of Article 101(3) TFEU to categories of vertical agreements and concerted practices, and must not contain any of the restrictions listed in Article 5 of the Block Exemption Regulation.
Among other things, the updated guidelines identify as a potential abuse of a dominant position the refusal by a motor vehicle manufacturer to provide independent operators with vehicle-generated data.
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