The German Federal Court of Justice dismisses action of repair shop to be admitted to the authorised repair network of a commercial vehicle manufacturer based on alleged abuse of dominance (MAN)

In a recent judgment delivered on 30 March 2011, the German Federal Court of Justice dismissed the action brought by a vehicle repairer to be admitted to the authorised repair network of MAN, a commercial vehicle manufacturer, based on the claim that MAN was abusing its dominant position as well as the economic dependency of the repairer by refusing the repairer access to MAN‘s selective distribution system for repairs. The claimant, a company that already acts as an authorised repairer for Daimler AG, argued that MAN had infringed the German competition rules on abuse of dominance and economic dependence by discriminating against it and by impeding its competitive opportunities with regard to the provision of repair services for commercial vehicles of the MAN brand. At first

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The German Federal Court of Justice dismisses action of repair shop to be admitted to the authorised repair network of a commercial vehicle manufacturer based on alleged abuse of dominance (MAN), 30 March 2011, e-Competitions Bulletin March 2011, Art. N° 41137

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