The activities of the Commission's competition department in the antitrust field involve the application of Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union ("TFEU").
Vertical agreements in the motor vehicle sector may also benefit from "block exemption". 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) TFEU.
Agreements can benefit from block exemption under Commission Regulation 330/2010 or Commission Regulation 461/2010 so long as they do not contain any serious restrictions of competition and also meet the other conditions laid down by the relevant Regulation. One of the tasks of the competition department is to monitor the application of these rules. It does so in close liaison with the competition authorities of the Member States.
Review of the MVBER
Review of the Motor Vehicle Block Exemption Regulation
Block Exemption Regulations
- 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
- 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
- Commission notice - Guidelines on Vertical Restraints
Official Journal C 130, 19.05.2010, p. 1 - Commission notice - 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.
Frequently asked questions
Frequently asked questions on the application of EU antitrust rules in the motor vehicle sector (27.08.2012).
The FAQ is available in bg cs da de el en es et fi fr hu it lt lv mt nl pl pt ro sk sl sv.
Other legal texts
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