nick mercedes
MB Enthusiast
"In the last months of 2010 Mercedes started spreading out change of attitude towards their distribution system of spare parts.
We call it "Berufsverbot" (Occupational ban in English)
Mercedes puts great pressure on the authorised dealers in all layers to make sure that spare parts are only sold to workshops or end users and NOT to resellers.
Mercedes is using a grey zone in EU “Block Exemption Regulation”
Commission Regulation (EU) No 461/2010 of 27 May 2010 EUR-Lex - Page not found
Commission Regulation (EC) No 1400/2002 of 31 July 2002 EUR-Lex - Page not found
Mercedes is using a “Selective distribution” system, and are therefore free to set rules for the authorized dealers according to the “Block Exemption” they are free of normal competition rules both nationally and EU wise.
But the “Block Exemption” on the other hand says that workshops must not be blocked, and therefore Mercedes is still supplying them
All possible action are being taken in many countries trying to stop this type of what everybody knows is competition limitation, but in EU National laws are overruled by EU laws, and starting up a case in EU is a big job, and will take years!
The actual action from Mercedes is handing out a simple piece of paper to the authorized dealers to give to their customers, where the customers must sign that he is using the spare parts for fitting on cars and not for reselling.
This new attitude has in my knowledge started out in Europe, Germany first in October, but it looks that it is going to be world wide. It have caused great panic amongst Mercedes specialists like us and big or small wholesaler companies having a big part of their business cut away overnight. Everybody is trying to find new sources, sending requests to everybody.
The declared goals of Mercedes is as follows:
* To gain control over the players on the market that sells original Mercedes-Benz, Maybach, smart Unimog and spare parts.
* To ensure that the original Mercedes-Benz, Maybach, smart and Unimog parts is only sold by authorized retailers.
* To prevent authorized dealers or large customers to resell the original Mercedes-Benz, Maybach, smart and Unimog spare parts to third parties"
Discuss.
We call it "Berufsverbot" (Occupational ban in English)
Mercedes puts great pressure on the authorised dealers in all layers to make sure that spare parts are only sold to workshops or end users and NOT to resellers.
Mercedes is using a grey zone in EU “Block Exemption Regulation”
Commission Regulation (EU) No 461/2010 of 27 May 2010 EUR-Lex - Page not found
Commission Regulation (EC) No 1400/2002 of 31 July 2002 EUR-Lex - Page not found
Mercedes is using a “Selective distribution” system, and are therefore free to set rules for the authorized dealers according to the “Block Exemption” they are free of normal competition rules both nationally and EU wise.
But the “Block Exemption” on the other hand says that workshops must not be blocked, and therefore Mercedes is still supplying them
All possible action are being taken in many countries trying to stop this type of what everybody knows is competition limitation, but in EU National laws are overruled by EU laws, and starting up a case in EU is a big job, and will take years!
The actual action from Mercedes is handing out a simple piece of paper to the authorized dealers to give to their customers, where the customers must sign that he is using the spare parts for fitting on cars and not for reselling.
This new attitude has in my knowledge started out in Europe, Germany first in October, but it looks that it is going to be world wide. It have caused great panic amongst Mercedes specialists like us and big or small wholesaler companies having a big part of their business cut away overnight. Everybody is trying to find new sources, sending requests to everybody.
The declared goals of Mercedes is as follows:
* To gain control over the players on the market that sells original Mercedes-Benz, Maybach, smart Unimog and spare parts.
* To ensure that the original Mercedes-Benz, Maybach, smart and Unimog parts is only sold by authorized retailers.
* To prevent authorized dealers or large customers to resell the original Mercedes-Benz, Maybach, smart and Unimog spare parts to third parties"
Discuss.