The European Commission has launched a public consultation inviting all interested parties to express their views on the functioning of the competition rules applicable to vertical agreements in the automotive sector. These rules include the Motor Vehicle Block Exemption Regulation (MVBER) and the Supplementary Guidelines (SGL), both amended in April 2023, as well as the Vertical Block Exemption Regulation (VBER) and the Guidelines on vertical restraints, as far as they apply to the automotive sector.

The public consultation is part of the ongoing evaluation of the MVBER and the SGL launched on 18 January 2024. These rules, which assist companies in the automotive sector in assessing the compatibility of their vertical agreements with Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), are currently set to expire on 31 May 2028.

In parallel, the Commission launched on 30 January 2025 the Strategic Dialogue on the Future of the Automotive Industry. The Commission will soon present an Action Plan which will address issues relevant for the automotive sector, such as ensuring access to talent and resources, technological innovation, and the development of next-generation vehicles, and establishing a predictable regulatory framework. The MVBER evaluation complements these efforts by ensuring a competitive automotive aftermarket.

Background on the evaluation process

On 17 April 2023, the Commission prolonged the MVBER for five years, until 31 May 2028, and updated the SGL to reflect the main technological developments in the automotive industry since 2010. This was the outcome of the previous evaluation of the framework, launched in 2018 and concluded on 28 May 2021, which indicated notably that the motor vehicle market was likely to evolve in the following years, due to the digitalization of vehicles and new mobility patterns in particular.

The Commission launched the current evaluation on 18 January 2024 and a call for evidence on 27 May 2024. In its review, the Commission will take into account the current competitive situation in the automotive sector and include an assessment of the impact of the 2023 amendments to the SGL. The evaluation will also consider how the market is likely to evolve until 2028 based on current trends.

Next steps

All interested parties can submit their comments by 23 May 2025. More information on how to submit a contribution is available here.

The Commission will analyze the responses to the consultation and publish a summary of the main points and conclusions on the Commissions “Have your say” portal. On the same page, the Commission will also publish the contributions made to the public consultation in the language in which they were submitted.

As part of the ongoing evaluation, the Commission will also seek feedback from national competition authorities. In addition, the Commission is working with the Commissions Joint Research Centre on a study to collect sector-specific information pertaining to a list of relevant industry indicators, with particular focus on the digital transformation of the automotive markets.

After the evaluation is finalized, the Commission will analyze the possible policy options for the future of the MVBER, in a policy-making phase planned for 2026. The progress of the evaluation can be followed on the Commissions “Have your say” portal.

Background on the MVBER

Vertical agreements are agreements between two or more companies operating at different levels of the production or distribution chain, and relating to the conditions under which the parties may purchase, sell or resell certain goods or services.

Article 101(1) TFEU prohibits agreements between companies that restrict competition. However, under Article 101(3) TFEU, such agreements can be declared compatible with the Single Market, provided they contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefits without eliminating competition.

The MVBER states that the Commissions general regime (i.e., the VBER) applies to agreements for the distribution of new vehicles. The VBER exempts vertical agreements that meet certain conditions from the prohibition in Article 101(1) TFEU, thus creating a safe harbor for those agreements. The Guidelines on vertical restraints provide guidance on how to interpret and apply the VBER and how to assess vertical agreements falling outside the safe harbor of the VBER.

As to agreements relating to the sale or resale of spare parts for motor vehicles or the provision of repair and maintenance services for motor vehicles, the MVBER provides that Article 101(1) TFEU does not apply, so long as these agreements fulfill the requirements for an exemption under the general regime of the VBER and do not contain any of the severe restrictions of competition listed in the MVBER (such restrictions would remove the benefit of the exemption).

For More Information

More information on the upcoming steps of the current evaluation is available on the dedicated webpage of the Commissions competition website.