The Portuguese Competition Authority has opened proceedings against SIVA – Sociedade de Importação de Veículos Automóveis, S.A.,  the Portuguese importer of Audi, Volkswagen and Skoda brands, for alleged infringements of the competition rules, on February 2015.

 

The investigation revealed the existence of extended warranty contracts that prevented consumers from having repair and maintenance services carried out by independent repairers, if not to lose the right to the manufacturer’s warranty.

 

On 18 November 2015, SIVA offered a set of commitments to meet the competition concerns expressed by the PCA.  According to these commitments, SIVA is obliged, in relation to Audi, VW and Škoda brands, to change all its contracts and official documents eliminating the restriction mentioned above and to inform its official dealers and repair centres that warranties are not conditional on the end user having repair and maintenance work carried out only within the Audi, VW and Škoda official repair networks.

 

SIVA is also obliged to forward the altered extended warranty contract to all the Audi, VW and Škoda clients which subscribed the restrictive version.

According to Law No 19/2012, of 8 may, the Authority may accept the commitments offered by the undertakings at stake in the proceedings, when it is considers that the commitments offered are  likely to eliminate the negative effects of the investigated practices on competition.

 

SIVA is obliged to comply with the set of commitments now offered to the Portuguese Competition Authority, under the Authority’s supervision.

The commitments offered by SIVA are, from today onwards, subject to public consultation.

Interested third parties have 20 working days to present their observations to the Portuguese Competition Authority, by e-mail to adc@concorrencia.pt, or by mail to

Avenida de Berna, n.º 19, 1050-037 Lisboa.

 

The results of the public consultation will be published on the Authority’s official website.

 

This is the third investigation carried out by the Portuguese Competition Authority, regarding motor vehicles warranties, in the last 18 months.