The competition authority has indications of alleged anticompetitive agreements between the six car importers and members of their authorized dealership and repair networks, which may prevent competitors (independent repair shops and/or distributors of equivalent quality spare parts) from accessing customers in these markets.
Specifically, the Competition Council suspects that certain contractual provisions may require vehicle owners to carry out maintenance operations and some repair works not covered by warranty exclusively within the importers’ authorized networks and/or using only original spare parts, under the threat of losing their vehicle warranty.
“A car’s warranty should not be conditioned on performing out-of-warranty services, paid for by the owner, solely within authorized networks or by using only specific spare parts. Such practices are harmful to competition and detrimental to customers,” stated Bogdan Chirițoiu, President of the Competition Council.
Unannounced inspections were conducted at the headquarters of six car importers active in Romania: BMW Romania SRL, Porsche Romania SRL, Mercedes-Benz Romania SRL, Hyundai Auto Romania SRL, Renault Commercial Roumanie SRL/Automobile-Dacia SA, and Euro Inter Trade Corporation SRL.
The inspected importers market the brands Audi, BMW, Cupra, Dacia, EQ, Hyundai, Mercedes-Benz, Mini, Nissan, Renault, Seat, Skoda, Smart, Volkswagen, and Volvo—representing about 70% of the passenger car fleet in Romania.
These inspections were authorized by the Bucharest Court of Appeal and were necessary to obtain all relevant information and documents regarding the potential anti-competitive practices under investigation. Carrying out such inspections does not constitute a presumption of guilt.
If the Competition Council finds that competition rules have been breached, the companies involved may face fines of up to 10% of their turnover. However, companies that cooperate with the authority under the leniency program may receive immunity from fines or significant fine reductions.