Motor Vehicle Block Exemption Regulation - MVBER

Which is the legal framework to be enforced in the automotive aftermarket, from 1st June 2023 ? The Executive Vice-President in charge of Competition Policy, Mrs. Margrethe Vestager, answered last April 17, 2023: "The Motor Vehicle Block Exemption Regulation remains an effective tool for ensuring that vertical agreements in the automotive sector comply wiht the EU Competition rules, and should stay in place for 5 more years. At the same time, we revised the provision of vehicle-generated data to independent operators under competition rules. Nowadays, access to such data is vital to make sure that independent and autnorised repairers can compete on an equal footing. This will help ensure that European motorists continue to have a choice of affordable repair and maintenance providers."

Which is the main content of Supplementary Guidelines related to MVBER ? The Supplementary Guidelines have been updated to ensure the following three priorities are reached, i.e.

• To clarify that data generated by vehicle sensors may be an essential input for the provision of repair and maintenance services. The existing principles for the provision of technical information, tools and training necessary for the repair and maintenance services have been extended to explicitly cover vehicle generated data.

• To specify that vehicle suppliers must apply proportionality principle when considering wheter to withhold inputs, such as vehicle generated data, on the basis of potential cybersecurity concerns

• To warn that Article 102 TFEU may be applicable where a supplier unilateraly withholds from independent operators an essential input, such as vehicle generated data.

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