European possibilities and restrictions under Block Exemption Regulation 1400/2002 J¼rgen...

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European possibilities and restrictions under Block Exemption Regulation 1400/2002 Jrgen Creutzig, President, European Council for Motor Trades and Repairs (CECRA), Brussels Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 Slide 2 Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 Content 1. Introduction 2. General remarks 3. Vehicle sales 4. Service 5. Spare parts 6. Technical information 7. Final remarks Slide 3 1. Introduction European Union 25 Member States 25 Member States 435 Mio inhabitants 435 Mio inhabitants Approx. 190 Mio car park Approx. 190 Mio car park Approx. 14,5 Mio car registrations p.a. Approx. 14,5 Mio car registrations p.a. Per 1.000 inhabitants 550 new cars Per 1.000 inhabitants 550 new cars Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 Slide 4 Who is CECRA? 350.000 enterprises for motor trades and repairs 350.000 enterprises for motor trades and repairs 520 billion turnover in 2004 520 billion turnover in 2004 2.450.000 employees 2.450.000 employees 0,6% - 1% of turnover net profit before tax 0,6% - 1% of turnover net profit before tax Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 1. Introduction Slide 5 Contents of BER well known, transformation insufficient Contents of BER well known, transformation insufficient Over 3.000 complaints / demands to Commission Over 3.000 complaints / demands to Commission Manufacturers choice: selective system (except Suzuki) Manufacturers choice: selective system (except Suzuki) Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 2. General remarks Slide 6 Increasing activities of intermediaries Increasing activities of intermediaries Independence of dealers / repairers from their manufacturer Independence of dealers / repairers from their manufacturer Three departments three independent parts of the contract Three departments three independent parts of the contract Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 2. General Remarks Slide 7 Separation of distribution / service Separation of distribution / service Transfer of sales department / no continuation of service department Transfer of sales department / no continuation of service department Last step: location clause 01.10.2005 Last step: location clause 01.10.2005 Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 2. General remarks Slide 8 To stop manufacturer selling new cars directly to end-users To stop manufacturer selling new cars directly to end-users Leasing companies to misuse their opportunity to sell new cars Leasing companies to misuse their opportunity to sell new cars Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 2. General remarks Slide 9 Standards In principle positive, but often excessive and not necessary In principle positive, but often excessive and not necessary Can be changed unilaterally by manufacturer Can be changed unilaterally by manufacturer To be reviewed by manufacturers and their dealers associations To be reviewed by manufacturers and their dealers associations Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 3. Vehicle sales Slide 10 Multi branding No contractual rule concerning adaptation of standards No contractual rule concerning adaptation of standards No contractual rule concerning adaptation of sales targets No contractual rule concerning adaptation of sales targets Standards for Corporate Identity (Blue box, uniforms, colour of carpets, etc.) Standards for Corporate Identity (Blue box, uniforms, colour of carpets, etc.) Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 3. Vehicle sales Slide 11 Cross border sales : boni and premiums For sales: all vehicles wherever bought For sales: all vehicles wherever bought For purchase: same, no difference possible For purchase: same, no difference possible Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 3. Vehicle sales Slide 12 Margins Reduction nothing to do with BER Reduction nothing to do with BER Can be changed unilaterally by manufacturer: to dodge cancellation clause Can be changed unilaterally by manufacturer: to dodge cancellation clause Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 3. Vehicle sales Slide 13 Transfer of rights and obligations Higher bonus to dealer if he runs a repair shop Higher bonus to dealer if he runs a repair shop Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 3. Vehicle sales Slide 14 General remarks Cancelled dealers to remain in the network Cancelled dealers to remain in the network Less application of independent repairers than expected Less application of independent repairers than expected Qualitative selective systems Qualitative selective systems Too high standards to reject outsider Too high standards to reject outsider Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 4. Service Slide 15 Standards Not necessary: to buy tools / equipment / rental cars / car wash Not necessary: to buy tools / equipment / rental cars / car wash To refer to the result, not to the manner how to reach it To refer to the result, not to the manner how to reach it Too expensive prices go up Too expensive prices go up Not to be disproportionate: too high stock of spare parts, minimum square meter Not to be disproportionate: too high stock of spare parts, minimum square meter Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 4. Service Slide 16 Multi branding Corporate Identity hinders multi branding: colour of tiles, carpets / lightening / notepaper / advertising etc. Corporate Identity hinders multi branding: colour of tiles, carpets / lightening / notepaper / advertising etc. IT systems: insight into data of other brands / price formation IT systems: insight into data of other brands / price formation Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 4. Service Slide 17 General remarks Enormous price differences Enormous price differences Qualitative selection Qualitative selection Separated contracts without service Separated contracts without service Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 5. Spare parts Slide 18 Specific problems Stock: minimum number of spare parts Stock: minimum number of spare parts No discrimination: to include all repairshops in logistic system (two-stage) No discrimination: to include all repairshops in logistic system (two-stage) Suppliers of spare parts: to declare quality, traceability and compatibility Suppliers of spare parts: to declare quality, traceability and compatibility Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 5. Spare parts Slide 19 General remarks Survey of IKA Access to technical information Survey of IKA Access to technical information Transformation only by few manufacturers (black clause, Art. 4 (2)) Transformation only by few manufacturers (black clause, Art. 4 (2)) Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 6. Technical information Slide 20 Different channels Different channels Supermarket / Internet dealers Supermarket / Internet dealers Location clause 01.10.2005 Location clause 01.10.2005 Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 7. Final remarks Slide 21 Fierce competition from Asia to Europe Fierce competition from Asia to Europe To work for the time beyond 31.05.2010 To work for the time beyond 31.05.2010 Strong dealer and repairer associations Strong dealer and repairer associations Prof. Dr. Jrgen Creutzig The Annual Conference of Norges Bilbransjeforbund, Oslo, 29th March 2006 7. Final remarks