The General Court has confirmed(1) that suppliers may restrict aftermarket access to authorized repairers for their spare parts. Suppliers can refuse unauthorised repairers access, even if they are considered to have a dominant market position over those parts.
The case clarifies that even if suppliers are considered to be a monopoly supplier of spare parts or consumables for their installed base of customers, they are still entitled to control how their parts or consumables are distributed.
The automotive sector was specifically excluded from the scope of the judgment, given the sui generis legislative framework applying to that sector.
This article was first published in International Law Office.