The Council of the European Union has published a Commission staff working document evaluating Regulation (EU) No 461/2010, the Motor Vehicle Block Exemption Regulation (MVBER), which exempts certain aftermarket vertical agreements from EU antitrust rules. The evaluation, dated 24 June 2026, assesses whether to renew, revise, or let the regulation lapse when it expires on 31 May 2028.
The MVBER, in force since 2010, exempts agreements in the motor vehicle aftermarket—covering repair, maintenance, and spare parts—from the prohibition of anti-competitive agreements under Article 101(1) TFEU, provided they comply with conditions in the general Vertical Block Exemption Regulation (VBER) and avoid hardcore restrictions such as blocking spare parts supply to independent repairers. The evaluation covers the period 2021–2025 and draws on a Call for Evidence, a public consultation, consultations with national competition authorities, a study by the Joint Research Centre, external datasets, and the Commission's enforcement experience.
A key limitation noted is that the majority of feedback came from independent aftermarket operators, with limited input from authorised dealers and vehicle manufacturers. The regulation does not apply to new vehicle distribution agreements, which are covered by the general VBER.
The Commission must decide by 31 May 2028 whether to maintain the sector-specific block exemption, revise it, or allow it to lapse. If the MVBER lapses, aftermarket agreements would fall under the general VBER and its accompanying guidelines, potentially altering the competitive landscape for independent repairers, vehicle manufacturers, and authorised dealers.
Independent repairers and spare parts suppliers benefit from the MVBER's protections against supply restrictions; its lapse could increase their costs and reduce access to parts. Vehicle manufacturers face compliance costs under the current regime but may prefer a return to general rules for greater flexibility. Authorised dealers are indirectly affected as their aftermarket operations rely on the same supply chains. EU consumers could face higher repair costs if competition diminishes. The evaluation's limited feedback from manufacturers and dealers may leave gaps in the evidence base for the Commission's decision.