Ordinance of 29 November 2023 on the Competition Law Treatment of Vertical Agreements in the Motor Vehicle Sector

Source : Federal law

Code/RS : SR 251.6

Abbreviation :
MVO
Provision :
Art 6
Short description :
Lifting of restrictions on access to technical information, tools and specific instructions in the motor vehicle sector
Nature of the provision :
Prohibition of restrictions on sharing
Status :
In force
Sector :
Automotive

Legal text :

1 Agreements between motor vehicle suppliers and members of a distribution network which hinder independent businesses from accessing technical information, diagnostic systems and other devices and tools, including the appropriate software or specific instructions necessary to the repair and maintenance of motor vehicles or the deployment of environmental protection measures, shall be deemed qualitatively serious restraints of competition. 2 Paragraph 1 relates in particular to the following information and tools:: a. electronic inspection and diagnostic systems for motor vehicles and programming of these in conformity with the standard procedures of the motor vehicle suppliers; b. maintenance manuals and electronic service logs; c.repair and maintenance instructions; d.information on the components, diagnostic and maintenance equipment (such as theoretical minimum and maximum measured values) and other equipment; e.cabling diagrams; f.error diagnostic codes (including manufacturers’ specific codes); g.the number identifying the software calibration according to vehicle type; h. technical information, two-way monitoring and test data; i. modern driver assistance systems and battery management systems of electric vehicles; j. spare part numbers and their activation codes.

Actor with an obligation to share data

Motor vehicle suppliers / members of a distribution network [motor vehicle supplier: a motor vehicle manufacturer or one of its authorised importers in Switzerland; members of a distribution network: authorised distributors and repairers belonging to the distribution network of a motor vehicle supplier]

Beneficiaries

Independent operators [= independent distributors, independent repairers, manufacturers and distributors of spare parts, manufacturers of maintenance equipment or tools, publishers of technical information and data generated by motor vehicles, automobile clubs, breakdown services, providers of inspection and testing services and institutions providing training for repairers;]

Linking criteria for Switzerland

Linking criteria for Switzerland

Financial aspects

Remuneration may be required

Binding and/or enforceable

Binding obligation; no enforceable claim [Note: breach of the rule imposed is deemed to cause qualitatively serious harm to the competition and those affected may complain]

Conditions for accessing data

Not specified

Exceptions and limitations

Not specified

Static data

Format

No required format

Plateform

n/a

Notes

See the Competition Commission’s explanatory note on the Ordinance on the assessment of vertical agreements in the motor vehicle sector of 4 December 2023 (https://www.newsd.admin.ch/newsd/message/attachments/85114.pdf (in French))

Actor with an obligation to share data Motor vehicle suppliers / members of a distribution network [motor vehicle supplier: a motor vehicle manufacturer or one of its authorised importers in Switzerland; members of a distribution network: authorised distributors and repairers belonging to the distribution network of a motor vehicle supplier]

Beneficiaries Independent operators [= independent distributors, independent repairers, manufacturers and distributors of spare parts, manufacturers of maintenance equipment or tools, publishers of technical information and data generated by motor vehicles, automobile clubs, breakdown services, providers of inspection and testing services and institutions providing training for repairers;]

Linking criteria for Switzerland n/a

Financial aspects Remuneration may be required

Binding and/or enforceable Binding obligation; no enforceable claim [Note: breach of the rule imposed is deemed to cause qualitatively serious harm to the competition and those affected may complain]

Conditions for accessing data Not specified

Exceptions and limitations Not specified

Time component Static data

Format No required format

Plateform n/a

Notes See the Competition Commission’s explanatory note on the Ordinance on the assessment of vertical agreements in the motor vehicle sector of 4 December 2023 (https://www.newsd.admin.ch/newsd/message/attachments/85114.pdf (in French))

Compilation and Disclaimer

This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law).

This index does not constitute legal advice, and no guarantee is given regarding its completeness.

Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.