On 29/01/2015, the Board of the Portuguese Competition Authority (AdC) determined, under the terms of articles 7 and 17 of Law no. 19/2012, of May 8, the opening of an investigation in a infringement proceeding regarding possible competition restrictive practices carried out by Ford Lusitana, S.A.
The investigation identified the existence of an extended warranty contract that conditioned the benefit of the extended warranty, contracted by consumers, to the execution of repair and maintenance services within the Ford Official Network, which could constitute a violation of article 9 of Law no. 19/2012 of 8 May. It appears to be a violation of Article 9 of Law 19/2012, of May 8, and of Article 101 TFEU, not covered by Commission Regulation (EU) No 461/2010, of May 27, 2010, on the application of Article 101(3) TFEU to categories of vertical agreements and concerted practices in the motor vehicle sector.
In order to respond to the competition concerns raised by the AdC, Ford submitted a set of commitments which involve, namely, the amendment of all relevant contracts and documents that might contain the contractual restriction identified, further undertaking to disclose to its official dealer and repairer network, as well as on its official website, the non-existence of restrictions on the consumers' possibility to resort to independent repairers without losing the benefit of the contracted warranty extension.
The proposal of commitments was subjected by the AdC to Public Consultation, and a Report was drawn up. hyperlink to Public Consultation Report
In view of the commitments submitted by Ford and taking into account the comments submitted during the Public Consultation, the AdC concluded that it was in a position to accept the commitments submitted, making their compliance binding on Ford, in order to ensure the application of the rules for the promotion and defence of competition in the sector of after-sales assistance, repair and maintenance services, in compliance with the principle of market economy and free competition, as well as consumers' interests.
On 10.09.2015, in view of this conclusion, the AdC Board determined, pursuant to Article 24(3)(d) of Law no. 19/2012, of 8 May, to close case PRC 2015/1, upon acceptance of commitments and imposition of conditions.