On June 6, 2013, the Portuguese Competition Authority (AdC) opened an infringement proceeding to investigate Peugeot’s warranty extension agreements, following a complaint submitted by Midas Portugal Número 1, S.A. (Midas).
The investigation confirmed the existence of a warranty extension agreement conditioning car holders benefiting from the warranty extension agreement to have their repair and maintenance services (outside the scope of the warranty) within the Peugeot Authorized Repairers Network, which is not covered by the Commission Regulation (EU) No 461/2010 of 27 May 2010 on the application of Article 101 (3) TFEU to certain categories of vertical agreements and concerted practices in the motor vehicle sector.
Peugeot submitted a set of commitments including:
- The amendment of all relevant contracts and documents that could contain the identified contractual restriction;
- A note sent to Peugeot’s Authorized Repairers Network clarifying that consumers have the right to use independent repairers for their repair and maintenance services (outside the scope of the warranty) without losing the warranty;
- A note sent to all clients holding such warranty extension agreement.
The AdC concluded that these commitments were able to eliminate the concerns identified. The AdC concluded the proceedings by adopting a commitments decision on March 3, 2015.