DECEMBER/JANUARY 2024 AFTERMARKET 13 www.aftermarketonline.net explained the intent and the details of the legislation to ensure better clarity. However, although these have a lower legal status than the Order itself, they contain important information, such as: A reference to Chapter II of the Competition Act 1998, which refers to ‘horizontal agreements’ and will help to address any ‘abuse of dominant position’ by a vehicle manufacturer – especially important for diagnostic tools and replacement parts suppliers. A more expansive description of the ‘hardcore restrictions’ concerning ‘aftermarket goods’ and the access to ‘captive parts’ by independent distributors and repairers. A revised description concerning restrictions in the supply of ‘aftermarket goods or repair or diagnostic tools’ to distributors, repairers or end users (relates to Chapter 2 agreements above). An expanded explanation concerning ‘tooling arrangements’ to describe how a Tier 1 supplier can manufacturer parts to be sold under their own brand name/logo through the use of the tooling used to manufacture the original parts that are fitted on the vehicle production line. The expanded explanation of ‘essential inputs’ and how these may be elements of the ‘excluded restrictions’ where a vehicle manufacturer may not restrict the ability of an independent operator to access ‘technical or vehicle information’ or ‘tools and training’ that are necessary for the repair and maintenance of motor vehicles of a particular type. However, this requirement is only necessary if (amongst other things) the vehicle manufacturer uses it for repair and maintenance services or provides it to their authorised repairers, distributors or other authorised partners. Further clarification for the definitions of ‘vehicle information,’ technical information’ and ‘independent operators’. There are many other details contained in both the Order and the Guidelines, but the above extracts illustrate how the CMA have recognised the needs of the aftermarket and how the third version of the MV-BEO is ‘good news’ for the UK aftermarket. Evidence Finally, the CMA have asked the aftermarket to help them. They need evidence of where vehicle manufacturers are not fulfilling the requirements of the legislation. The IAAF have a link to a webpage where any evidence can be uploaded, which in turn can then be assessed before being sent onto the CMA as evidence. The link is https://www.iaaf.co.uk/lobbying/ (and then use the link shown in the centre of the page to the ‘SurveyMonkey’ form).
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